CONFIDENTIAL

[ONLY* FOR RESEARCH AND EDUCATIONAL PURPOSES]

SOCIOLOGY CASE-STUDY
INTERVIEW GUIDE FOR THE ADVOCATE
TOPIC: Rape and atrocitie a!aint "o#en
DETAILS OF THE RESEARCHER
RESEARCHER Aman Rathore
(1!a"#$%
SE&ESTER II
COURSE '(A(LL'(
)UIDE Dr( &on*+a Rao
UNI,ERSITY In-t*t.te o/ La01 N*rma Un*2er-*t3
DETAILS OF THE ADVOCATE
NA&E S*44harth Sharma
)ENDER &a"e
A)E 5
EDUCATION '(A(LL'(
E6PERIENCE 7 3ear-
DESI)NATION A42o+ate
COURT ).8arat H*9h Co.rt
Q1. Sir, please tell me about your educational qualifications?
A. I am basically a commerce graduate from Gujarat University. I completed my law
graduation in 2! and from t"en, I "ave been wor#ing in Gujarat $ig" %ourt.
O2. &"e number of years over w"ic" you "ave wor#ed in t"e legal field?
A. I "ave an e'perience of about ! yrs now.
Q3. ("ic" bar council is it t"at you are affiliated at present, and if any t"at you "ave "ad
in t"e past?
A. It is t"e )ar %oucil of Gujarat t"at I am wor#ing wit" at t"e moment, and none ot"er
"ave I been affiliated in t"e past.
Q4. In t"e given case, "ow was it t"at t"e client approac"ed you?
A. It wasn*t t"e client w"o approac"ed me. I represented t"e side of t"e accused, and after
t"e judgement of t"e court of sessions +adodra, "is fat"er approac"ed me t"roug" t"e
lawyer fig"ting t"e case before. I was approac"ed for t"e appeal to be filed in t"e Gujarat
$ig" %ourt. &"e advocate w"o conducted trial in t"e session*s court aproac"ed me was an
aquaintance, and referred me to t"e party.
Q5. ("at is your perspective about t"e case, as in determining t"e guilt of t"e accused?
A. ,y opinion was t"at I could save "im, t"e case s"ouldn*t "ave been filed t"e way it
was.$e was c"arged under sections -!. and -!! of I/%, after going t"roug" all t"e
documents, c"arges"eet, depositions, medical report and t"e parents of t"e girl, I was sure
t"at t"is wasn*t case of -!! or -!.. I am not saying t"at I ever felt my client was innocent.
&"is is unofficial, but I am telling t"is to you t"at I never felt t"at "e was innocent, case
made out of it was of section -.0 1 assault or criminal force on woman to outrage "er
modesty. Since, victim was - yrs old t"at was against my client.
Q6. Sir, any ot"er laws t"an t"e ones you mentioned apploicable to t"e given case?
A. 2o ot"er laws applicable, t"e case "as been tried to be made complicated, despite
being ordinary. I believe t"at t"e reason for t"is case to be still persisting is t"at it "as
been made purely out of t"e emotions of t"e parents of t"e victim. 2o medical evidence,
t"ere were discrepency in depositions of t"e witnesses. Stains were supposed to be
present on t"e clot"s and t"ig"s of t"e victim, but medical e'amination found none. 3aws
"ave c"anged over t"e recent few years, supreme court "as said many t"ings in its
precedents.
-.0 I/% s"ould be in application, ot"er t"an t"at t"ere was no evidence to support. &"ere
were not any signs of rape. &"e time was suc", t"at it ws early in t"e morning. S"e didn*t
say it was somet"ing wrong. &"e facts are clear t"at s"e mentions of being #issed, w"ic"
doesn*t amount to rape.
Q.7 In criminal cases we often see t"at witnesses turn "ostile, did you encounter any suc"
witnesses in t"e prsent case?
A. 2o "ostile witnesses as suc". Since victim was - years old, we can easily understand
t"at s"e out to be immature and imprudis". &"en again during t"e deposition of t"e
victim, s"e "erself said to "ave been taug"t by "er mot"er as to w"at s"e must say in t"e
court.
Q.8 $ow long "as it been since t"e "appenings of t"e case?
A. &"e 4I5 was filed in t"e year 2., and not too long after w"ic" t"e judgment of t"e
session*s court came in 2!. I was approac"ed to file t"er appeal in t"e year 26. So,
since t"en it "as been 6 years. 7nd for t"e case to "ave been pending before t"e $ig"
%ourt, it "as been almost . years.
Q.9 8id you ever feel on a personal level t"at t"e case made was in anyway fraudulent, or
fa#e?
A. It was case made out of parent*s emotions, neit"er real nor fa#e. I won*t go on to
deliberate on its legitimacy.
In court*s opinion it was very muc" rig"t. (e are aggrieved so we "ave to find some
defence. 7fter reading all documents, I was of t"e opinion t"at it was case of section -90
of I/% and so in some way you can say t"at wrong laws "ave been applied as per t"e facts
#nown, or cited.
Q.10 7ny suggestions to me for future, if I ever encounter similar cases in my career?
A. ("enever you are "andling a case, you must go t"roug" t"e law, doesn*t matter an
appeal or trial, just matters is t"at you must be aware of t"e procedural aspect of t"e court
and t"e evidence act, t"at "ow appease of evidence must be appreciated w"et"er it can be
appreciated or not. I t"in# evidence act is most crucial and w"en you are in a criminal
case it is very important.
(or# "ard, never let anyt"ing lose out of your "and. :ou can*t say t"is is not important or
anyt"ing. In civil t"e most can lose is money, but in criminal a person*s life is at sta#e.
;eep yourself updated as to w"at new laws are introduced, #eep in touc" wit" t"e boo#s
constitution, I/%, %r/%, t"ere is not"ing beyond t"at.