Victim of a Bad Judgment

Bad Convictions

Bad convictions are those where a person on receiving end suffers not because of his legal wrongs but because of the poor quality of the Judgment. Inexperienced judges take themselves as the source of a Judgment, although it a combined effort of several contributors including the accused also. Had he not done something to move the legal machinery, the process would not have culminated into the impugned Judgment, turning into a bad conviction.

Stakeholders

Starting from the accused whose action is under the scrutiny, the Defence Counsel who is to protect the accused, the Police which is the central investigating agency, the Prosecutor who is protect the State and its Public Policy, some NGOs dedicating their time and resources to help the process and the Judge who is to maintain balance between the legal right and wrong – are all stakeholders. When all of them contribute sincerely a good Judgment comes out but there are judges who believe and want to make others also believe that they are the only mops of Lord Shiv to flow the Ganga of good Judgments usually give something like a stinking drain of waste material.

Falling Conviction Rate

Falling Conviction Rate is a new headache of several judges. They are much concerned about the Conviction Rate falling sharply. Under the Indian system of law, a matter of law violation is reported to the Police which then, if find it cognizable, investigate it and present a report (Charge Sheet) to the Prosecutor. In preparing that report the Police takes help of various experts e.g. handwriting expert, serology scientists, DNA experts, Mobile Data Extractors and so many other ones.

The Police may also seek specialized documents e.g. CDR of a sim, the arrival register of a Hotel etc. A charge sheet is a combined effort of a number of agencies and experts.

During the trial the Defence Counsel examines, puts questions on the documents, on the witnesses, on the procedures, on the results, on the outcomes and hence, spots the errors in the charge sheet.

Lastly it comes the Judge. The Judge has to see which of the two versions i.e. first of the prosecution and then second of the Defence is legally right. The Judge has to do it without a bias and malice.

But in fact, what happens, to some judges it looks that the Prosecution speaks the gospel truth. Acquittal of an accused is a personal defeat to them. They become conscious of acquittal and convictions. An element of Falling Conviction Rate comes into their mind. Consequently, the Judge starts filling the lacunae of the prosecution with his personal bias and malice, with his ignorance and arrogance. This is the perfect recipe of a bad convictions. Now the bad convictions will be delivered.

Falling Conviction Rate is a political term. Discussing it judicially and then feeling concerned to reverse it unilaterally is a judicial corruption.

ILS Indian Legal System

ILS Indian Legal System supports the cases of those who are prey to the Bad Convictions. ILS challenges such Bad Convictions. This challenge will depend on the facts and circumstances of a case whether it is to be challenged in a Writ Petition, SLP or FAO.