CHAPTER – I

INTRODUCTION

―The world of humanity has two wings one is woman and other man. Not until both wings are
equally developed can the bird fly.‖

Introduction
It is felt that in India women have been discriminated since the time immemorial. They are
belongs to the weaker section of the society till date and in a position to be exploited. In India
about fifty percent population are women even then, they have always been victimized of ill
treatment mantel, Physical and emotional sometimes even they deprived of their basic
Fundamental right to life. Even in 21st century they are still being tortured, exploited, beaten
and even killed inside the four walls of their home.
Reason behind is that women‘s are always been considered emotionally, economically,
mentally and physically weaker than male. It is quiet unfortunate that in India where on the
one hand women used to be the personification of goddesses and a symbol of respect on the
other hand they are struggling today for their basic rights to identity, dignity and self-respect.
Man by nature is a fighting animal hence, to imagine of a crimeless society is only a myth
frankly speaking: there is no society without the problem of crime and criminals. Crime
against women is centuries old even in mythology Ramayana and Mahabharata stories of Sita
being fire tested to prove her chastity after being kidnapped by Ravana, striping of Draupadi
by dushasana in open darbar. Stll this social crime against the women is continuing even
today.
Women starts from cradle to cremation and birth to brutal ground. Women suffer the most
because they are naturally, biologically and physically less strong and less aggressive than
men.
Goddess like Kaali, Saraswati, Lakshmi, Parvati, Durga, Seeta, Radha are worshiped and
crores are spent in building their temples, but in real life crime against the women is a
everyday tragedy to be read in every possible Newspaper.
Historical Background of Crime Against Women:
In the ancient time there was no organized system of crime as it is today. It was more or less
in the form of sin and benevolent act of the individuals towards other. The women had to go
through several phases in every era. Their status was not static rather it was changing by
the change in society. Each phase had witnessed different and peculiar kind of social evil
against women.

Vedic Period:

Vedic period was very prominent from the point of view of dignity and self-respect of
women. Women enjoyed glorious position in the society during this period. They were
considered as equal as their male counterparts. They were given equal opportunity in
education, property and in decision making in the family. Though, the Aryans evidently
preferred male child to female child but there was no crime against women during this period.
Women never observed purdah and they enjoyed complete freedom and were treated as
Ardhangini.
Post Vedic Period:
The Position of women fell in post Vedic period. Now the women were not considered equal
to man and did not enjoy the same right and privilege as men. Unlike Vedic period the
knowledge of Vedas became limited among women Infant marriage and polygamy was
prevalent during this period the evil of sati system also started in this period Sati Ansuiya,
Savitri and Damyanti were the example of this. Despite all these women were respected and
idealized and such social evils were not considered as crime against women.
Medieval Period:
In this period the position of women declined and they were considered as subordinate to
men. The husband of the women was considered as God. The Law and religion did not
recognize equal right of men and women further in 18 th Century the Muslim invasion
degraded the position of women. Pardahpratha, Sati Pratha, Child Marriage girl killing,
polygamy etc. were the main social evils of this period.
The Muslim rulers did nothing for the betterment of women because they considered women
as chattel only.
British Period:
At the time when the British came in India, Crimes against women were rampant many
social evils like child marriage, sati, slavery, prohibition of widow remarriage etc. were the
main concern of the society and attracted the attention of british and other social reformers
like Raja Ram Mohan Rai ,Iswar Chandra Vidhyasagar, Lord William Bentinck, were
helpful in falling such social evils but women couldn‘t be free from exploitation.
Post-Independence Period:
After Independence tremendous changes came in the status of women. The constitution of
India laid down fundamental right to man and women. Since the framer aware of the
vulnerable, Position of the women, they were also given special privilege in the form of Art
15(3) not only that several enactments were also made from time to time for strengthening the
position of women. But theoretical rights of women were never been implemented practically
and crime against women never come to end.
Maximum of the cases either go undetected or unconvicted due to lack of dedication,
devotion, cooperation and co-ordination of different agencies involved in crime against the
women investigation. Extra effort or interest on part of forensic Pathologist can only solve
these cases.
This work has been done with a women centric approach. There is hardly a day when we
don‘t read about brutal rape case in the front page of our newspaper. In 2016, India recorded
106 rapes a day and in 2017, the numbers has increased further and Delhi alone has registered
140 rape cases in January. Last year, the figure was 147 by January end. News paper for the
years 2018 & 2019 are also demonstrating the increasing trends of such incidences. Now a
question arise are these laws and punitive measures working as a deterrent? Rape is one of
the most heinous types of crime and is often described as the ―beginning of nightmare‖ this
work will highlight the legal approach, judicial approach and social approach towards a rape
victim. India has witnessed so many cases and amendments.
Jurisprudence of Rape Legislations
―It has been once said that the complexity of Sex abuse laws derives from a historical
background of biasness against women. The legal history of rape is particularly ignominious.
Under English common law from which our laws developed rape was a crime against
property not person. A woman‘s
reproductive capacity, in the form of her chastity, was considered property and was essential
to establishing patriarchal inheritance right.‖1
A women‘s sexual preferences was owned by her father and transferred to the man who
became her husband. Rape laws was basically meant to protect the economic interests of
men, therefore, rape was originally considered the theft of this property. The bodily integrity
of the women was immaterial.
The consequences of the re-enforcements of rape laws were that (a) unmarried women could
only be considered to have been raped if they were virgins; and (b) rape of married women by
her spouse was not a crime because the law presumed a broad notion of consent to all of a
wife‘s sexual activity with her husband through her wedding vows.
Problems Faced by Rape Victims
Due to the slow process of justice delivery system the victims faced various problem of life
and personal liberty which is guarantee by the article 21 of Indian Constitution
. on the other hand the Victims faced some social and political problems like the rehabilitation
in the society , education and people directly and indirectly commenting until the trial not
completed and family members said victim are facing more serious problem of the out side
world and media utilized as public figure for their benefits . Victims were deprived from
certain rehabilitative and aftercare treatment. Due to our compound trail procedure there's
delay in delivering justice and due to delay by investigating agencies real culprits involved are
safeguarded.
Common Cases of Crime against the Woman - Under Indian Panel Code 1860
 Dowry Deaths (Sec.304B IPC)
 Abetment of Suicide of Women (Sec.306 IPC)
 Causing miscarriage without women‘s consent (Sec. 313 IPC)
 Deaths caused by act done with intent to cause miscarriage (Sec.314 IPC)
 Acid Attack (Sec. 326A IPC) & Attempt to Acid Attack (Sec. 326 B IPC)
 Assault on Women with Intent To outrage Her Modesty
 Assault on Women (Sec. 354 IPC)
 Sexual Harassment (Sec. 354 A IPC )
 Assault or Use of Criminal Force to women with Intent to
disrobe (Sec. 354 B IPC)

1
:https://www.legalinsects.com2018/08/31/complexity-evolution-sex-crime-laws-usa
 Voyeurism (Sec. 354 C IPC)
 Stalking (Sec. 354 D IPC)

Kidnapping & Abduction of Women

 Kidnapping & Abduction (Sec. 363 IPC)
 Kidnapping & Abduction in order to Murder (Sec.364 IPC)
 Kidnapping for Ransom (Sec.364A IPC)
 Kidnapping & Abduction to Compel Women for Marriage
(Sec. 366 IPC)
 Other Kidnapping & Abduction (Female0 (Sec. 363A, 365 ,
366A, 366B, 367, 368 & 369 IPC)

Human Trafficking (Sec. 370 & 370A IPC) (Female) Rape

 Rape (Sec. 376 IPC)
 Gang Rape (Sec. 376D IPC)
 Custodial Rape (Sec. 376C IPC)
 Attempt to Commit Rape (Sec. 376/511 IPC)
 Unnatural offences (Sec. 377 IPC)
 Cruelty by Husband or his relatives (Sec. 498A)
 Insult to Modesty of Women (Sec. 509 IPC)
Crime against Women under Special Laws:
 Immoral Trafficking (Prevention) Act, 1956 (Women Cases only)
 Prostitution in the Vicinity of Public Places (Sec 7)
 Seducing or Soliciting for Prostitution (Sec 8)
 Other Sections of ITP Act
 Dowry Prohibition Act, 1961
 Publishing or Transmitting of Material containing Sexually Explicit Act
(Sec 67A IT Act)
 Indecent Representation of Women (Prohibition) Act, 1986
 Protection of women from Domestic Violence Act 2005
 The Sexual Harassment of Women At Workplace (Prevention, Prohibition
and Redressal) Act, 2013.
There are number of cases go undetected or unconvicted due to improper medico legal
investigation either Justice is hurried and buried or delayed and denied. Medico legal experts
should always give prompt, scientific and accurate report in case of crime against women
for fast trial instant Justice to the victims. One rapist convicted 100 rapes can be prevented.
Legal Framework for Women Protection:

The criminal law gradually evolved from time to time according to the need of the society.
After independence the constituent assembly started the drafting of Indian constitution. At the
same time there were growing recognition of universally accepted basic rights of every
individual irrespective of their cast, creed and sex. Our constitution maker also included such
provisions in the constitution protecting the rights of the women in India too.

Constitutional Provisions:

Some important Articles safeguarding the rights of the women are as follows:

 Art. 14
 Art. 15
 Art. 15(3)
 Art. 16
 Art. 21
 Art. 21 A

Apart from protecting these basic right of women, legislature always tries to uplift women
group through stringent legislations. Some important criminal laws for women protection are
as follows:

Indian Penal Code, 1860:

The following provisions of Indian penal code helpful in reducing the suffering of women.

 Dowry Deaths (Sec.304B IPC)

 Abetment of Suicide of Women (Sec.306 IPC)
 Causing miscarriage without women‘s consent (Sec. 313 IPC)
 Deaths caused by act done with intent to cause miscarriage (Sec.314 IPC)
 Acid Attack (Sec. 326A IPC) & Attempt to Acid Attack (Sec. 326 B IPC)
 Cruelty by Husband or his relatives (Sec. 498A)
 Kidnapping & Abduction of Women
 Kidnapping & Abduction (Sec. 363 IPC)
 Kidnapping & Abduction in order to Murder (Sec.364 IPC)
 Kidnapping for Ransom (Sec.364A IPC)
 Kidnapping & Abduction to Compel Women for Marriage
(Sec. 366 IPC)
 Other Kidnapping & Abduction (Female0 (Sec. 363A, 365 ,
366A, 366B, 367, 368 & 369 IPC)
Human Trafficking (Sec. 370 & 370A IPC) (Female)
Rape
 Rape (Sec. 376 IPC)
 Gang Rape (Sec. 376D IPC)
 Custodial Rape (Sec. 376C IPC)
 Attempt to Commit Rape (Sec. 376/511 IPC)
 Unnatural offences (Sec. 377 IPC)
 Assault on Women with Intent To outrage Her Modesty
 Assault on Women (Sec. 354 IPC)
 Sexual Harassment (Sec. 354 A IPC )
 Assault or Use of Criminal Force to women with Intent to
disrobe (Sec. 354 B IPC)
 Voyeurism (Sec. 354 C IPC)
 Stalking (Sec. 354 D IPC)
 Insult to Modesty of Women (Sec. 509 IPC)
 K.Prema S. Rao and Anr v/s YadlaSrinivasarao and Otrs
 Sushilkumar Sharma v/s Union of India and Ors
 State of West Bengal v/s OrilalJaiswal and Another

Protection of Women from Domestic Violence Act, 2005:

This act was brought into force on 26 October 2006 in order to provide protection to women
from domestic violence. The definition of domestic violence,
given in this act included other forms of domestic violence also apart from physical violence
such as verbal, sexual, economic abuse.

―Domestic violence is one of the biggest problems of India. Contrary to the common belief
domestic violence is not restricted to any social sector particularly but it is wide spread.‖2

The Sexual Harassment of Women at Workplace (Prevention, Prohibition And

Redressal) Act, 2013:

―Sexual harassment has been identified as a term which is difficult to define as it involves a
range of behaviors.‖3 Efforts have been made world over to define this term correctly but yet
this term is interpreted differently. Sexual harassment at workplace is such an ominous fact,
and it‘s more worrisome that it‘s grossly under reported.

The landmark judgment by Supreme Court in 1997, in the case of Vishaka and others v.
State of Rajasthan, was instrumental in providing the definition of sexual harassment at the
workplace, suggested precautionary, proscribable and redressal measures, which paved the
way for legislative enactment in this regard.

The Criminal Law (Amendment) Act, 2013:

Keeping in view of emergence of heinous crimes against women especially in metro cities
compelled the legislature to amend the existing criminal laws. After the barbarous gang rape
in Delhi in 2012, the seriousness for an immediate reform in rape law was realized and the
existing Act was immediately amended. Under the amended Act following changes were
made:

Throwing aid and attempt to throw acid (sec 326 A & 326 B) under the IPC amendment Act
2013, if somebody throws acid and causes permanent or partial damage or deformity will be
punished with imprisonment of minimum less than 10 years, which can extend life in jail. If a
person attempts to do the same, the jail is minimum 5 years which can extend to 7 years.

2
Protection of Women from Domestic Violence act, 2005, No. 43, Acts of Parliament, 2005.
3
Sheetal, Protection of women from sexual harassment, LEGALSERVICESINDIA.COM, (March 8, 2019, 18:00)
http://www.legalserviceindia.com/legal/article-5-protection-of-women-from-sexual-harassment- at-workplace.html
Sexual Harassment (sec 354 A) : Now sexual harassment will include if a man has physical
contact and advances involving unwelcome and explicit sexual overtures, demand or request
for sexual favor, or showing pornography against the will of the woman or making sexually
colored remarks.

Voyeurism (sec 354 C) under the new criminal amendment Act if a man watches or captures
the image of a woman engaging in a private act in circumstances where she would usually
have the expectation of not being observed will be guilty of voyeurism for which 3 years jail
term may be given.

Stalking ( sec 354 D) Now is a person is following a woman or trying to contact her for
personal reason despite the disinterest of a woman, follows her, or monitors her on internet,
email or any other such media is guilty of stalking.

Rape (sec 375):- Similarly the new amendment has described various conditions of rape and
has made provisions for various punishments.

Limitations of Criminal Laws on Women Protection:

The study reveals that the number of PO is limited and most of the protection officer occupies
other post also. Therefore they are unable to give their 100 percent to their job. Female victim
generally hesitate when such PO are male and don‘t want to go in their shelter for remedy.
Now, as far as the Sexual Harassment of women at workplace Act is concerned, the main
loopholes lie in the fact that it is the internal committee which imposes the monetary fine to
be paid by perpetrators on the basis of his income and financial status. Thus it provides scope
for inequality and discrimination. The other shortcoming of the act is that the agricultural
worker and Army personnel are outside the ambit of the Act which creates other hardship in
punishing them.
Again, the Criminal Law Amendment Act, 2013 is also not free from limitations. The most
evident loopholes in the Act are that offences like sexual harassment, voyeurism, staking has
been made gender specific which means that women cannot be held liable for such offences.
Moreover, concept of marital rape is also not included in the Act.
Although various Laws exist for protection of women still women‘s are unsafe due to some
legal and judicial Intricacies. Maximum case of CAW either go undetected or un-convicted
due to lack of dedication, devotion, cooperation and co-
ordination of different departments involved in crime against the women investigation. Extra
effort or interest on part of forensic pathologist can only solve these cases.

Role of Judiciary to Provide Better Justice to Victims:-

In India crime against women are on high level and so is the pendency of CAW cases in the
courts across the country. In the last two years, so many numbers of cases relating to
kidnapping, abduction sexual harassment including rape has gone up over 31000 rape cases
were pending in high courts alone, who is responsible for this delay? Such delay in
proceeding, insensitive approach towards victim and lack of appropriate justice dispense
system is tend to re-victimization of a rape victim and need greatest attention today.

Role of Forensic Science in Investigation of Caw.

Forensic Science is an advanced scientific technique which is used in criminal and civil
investigations. It is capable of answering important questions & queries and forms an
integrated part of criminal Justice system.4
It includes all well-known techniques such as finger print analysis, DNS analysis, ballistic,
firearms or explosive culture etc. It plays a key role in conviction of those who are guilty of
crime and can help in acquittal of the innocent.
Forensic science is one of the important aspects of criminal justice as it deals of criminal
justice as it deals with scientific examination of physical clues collected from the crime scene;
indicate the type of the crime and location of the crime. It also explains the identity of the
suspect who committed the crime as well as the time of the incident and forensic investigation
reveals the modus operandi of the crime and it establishes the motive behind the crime. The
forensic investigators reconstruct and able to resolve identity of the offender and the victim.
Forensic science plays a vital role in the criminal justice system by providing scientifically
based information through the analysis of physical evidence, carried from the crime scene and
victim.
Its role is crucial and very critical in prevention, awareness, detection and conviction of
perpetrators of this crime. A well-established medico legal system only can act as deterrent to
this menace.

4
Applicability of Forensic Science in criminal Justice system in India by manisha chakraborty , Dr. Dipa Dube.
Examples:
Collecting minute trace evidence, recording proper and exact history of the crime from
investigating agencies, Conduct scientific postmortem with proper instruments and collect
different samples of blood. Viscera in poisoning cases of crime against women followed by
prompt sending and obtaining result from forensic science laboratory. DNA finger prints or
profiling from sources to identify suspect‘s hair, blood and semen and other biological fluids
scene of violent crime especially in rape cases.
 Crime against the women is a preventable crime.
 If forensically trained nurses as in west, sexual assault nurse examiners
SANE are employed.
 The special organization with coordination of services of sexual assault
resource team' SART' is helpful.
 To appoint forensic experts at district level hospital.
 To train organize seminars and workshops for lawyers, police officers,
paramedical staff and NGOS as how to handle cases of crime against the women, medico
legally.
 To bring about awareness among women in particular and public in general
as to how where and when to bring to the notice of police in cases of crime against the
women.
 Introduce one year PG diploma course in forensic medicine after MBBS
Course, so as to deal cases in rural and semi urban areas.
Literature Review of Previous Study
Every research is based on the previous studies; it is directly or indirectly related with
previous research studies, research papers, articles, related magazines and books which
provide the guidelines for research studies.
The prior studies enlighten the researcher to understand the problem regarding their research
work and help to prepare proper guideline for their studies.
It is very important for a researcher who works on any subject, Firstly he must know that how
much work has been completed, area of scopes, what research techniques were used, and
what are the results and conclusion of that.
Some research work directly or indirectly related to present researchers study is as follows:-
After due empirical and doctoral research, its analysis brought the conclusions and suggestion
to resolve the legal and judicial problems. Numerous book and articles have been written on
forensic-evidence.
(Block,1969,'Cowln,2003,'Evans,1996',Lee,2002,Lee&Tirnady,2003,Platt,2003,Ragle
,2002,Ramsland,2001',Sunu,2005). All these publication describe individual cases in which
forensic evidence was essential to their eventual solution.

Johnson in his work Use of forensic science in investigating crime of sexual violence:
contrasting its theoretical potential with empirical realities stated that the theoretical potential
of modern forensic science techniques in the investigation of sexual violence cases with
empirical research has assessed the role played by scientific evidence in the criminal justice
processing of sexual assault case.5

Dr.Naidu in his work Study of Crime against women : role of forensic medicine stated that
forensic medicine plays an important role in helping to prevent ,early detection ,providing
expert medico legal and scientific report' at earliest, which will result in quick trial and instant
administration of justice to victims.6

Miranda in his work Sexual violence perpetrated against women in India: the role of
forensic evidence concluded that to raise awareness for the need for a more prominent role of
forensic evidence in sexual violence cases and to recommend ways to establish uniform and
comprehensive policies and procedures on the collection and preservation of forensic
evidence.7

Block in his work the behavior of Law stated that women's presumed inferior status compared
to her male companion, reduced possibilities of her raising voice against atrocities on her.8

5
Donald Johnson. (2012), Use of forensic science in investigating crimes of sexual violence: contrasting its
theoretical potential with empirical realities: SAGE journal.

6
Dr. T.K.K .Naidu, M.D.,LL.B, study of crime against women: role of forensic medicine.2007

7
Dr. Michelle. D. Miranda (2016) sexual violence perpetrated against women in India: the role
of forensic evidence :International journal

8
D.J. Block (1976),"the behavior of law "New York: Academic press.
Tom in his work the role and impact of forensic evidence in the criminal justice system stated
the role and impact of forensic evidence in the investigation of crimes and prosecution of
defendants.9

The article by Anika & Fraser (2014) on Effective use of forensic science in volume crime
investigation puts up an eye on the use of the forensic science in criminal investigation and
the factors hindering the proper use of forensic science during investigation in spite of
technological advances.10

Since independence India has been striving to protect the women from discrimination. In
order to improve the status of women our constitution former included several provisions in
the constitution of India for better future as well as strengthening women and tried to bring
weaker section on equal footing with that of men.
So many other women oriented laws were also enacted from time to time for uplifting yet
often we hear the heart breaking stories of rape, molestation, eve teasing, sexual exploitation
and domestic violence every day Which force us, compel us to think that whether these Laws
are really effective and helpful in reality in reducing the grievances of this weaker group of
this society or is only a myth.
No doubt that Indian Government is concerned about this weaker section of the society
and endeavoring a lot for their betterment and protection but in reality the efforts taken are not
satisfactory in the current position. Women are still exploited and suppressed by the male
members of the society, thus to bring about a change in status of women in society it is
essential that a change should be brought about in the mindset of the Society.
While examining the adequacy of Indian legal framework, the role of all three constituents of
the legal framework i.e. Legislative, Executives, and judiciary will be analyzed Gwalior &
Chambal will be taken as a sample to study of CAW and examine the awareness of people
about it.

9
Tom MC Ewen (2010)," the role and impact of forensic evidence in the criminal justice system, final report: I L J

10
“Review of literature” Available at shodhganga.inflibnet.ac.in
Aims and Objectives of the Research
Following are the aims and objects of this research study:

The main aim of this research study is to analyze legal & judicial intricacies as well as efforts
of executive body to curb CAW. Also to find out the awareness of the women protection laws
among the people of Gwalior & Chambal division.

The another aim of this research work is to examine the challenges within the way of legal &
judicial path, why women‘s can‘t get justice. The objective of research is also to find out the
truth which is hidden and which has not been discovered yet. The rapid increase in the
incidents of CAW coupled with lack of awareness and low conviction ratio puts a Question
mark on the functioning of the law enforcement bodies.

1. To determine the relevance of forensic evidences collected from the Crime scene and its
admissibility in Indian Court.

2. To find out how crime scene mismanagement causes injustice. Scope and Rationale of

Research Questions:

The main desire of the research is to find out wants and means to overcome the legal
challenges. For this purpose the researcher has used the analytical and statistical techniques to
apply the conclusion to a mass population

1. What is the relevance of forensic evidence in the criminal justice system in India?

2. What is the role of crime scene investigation in the Indian criminal justice system?
Scope of this study is very vast. It enclose whole enforcement agency which includes
analysis of legislative framework, executive framework and judiciary. The researcher has also
explored the new suggestion to defeat the challenges in combating CAW, also the increase in
CAW would demand a variety of laws in course of time.
The researcher has deal with this research to find out the legal and judicial intricacies faced by
the law enforcement agencies in enforcing the women protection Act‘s and while delivering
justice.
Researcher has analyzed the CAW related data, which was collected from Gwalior &
Chambal division from various secondary sources to understand the main challenges and
hurdles at various levels.
The researcher collected primary data to check awareness about CAW and laws related to
women protection, through Questionnaire both online as well as offline.
Hypothesis of Research:-
The work assumes that present legal framework is not sufficient to deal with raising problem
of CAW and study also believes that law enforcement agencies are inadequate to deal with it.
Researcher also assumes that there is unawareness and ignorance amongst people about the
present women protection laws and procedure to combat with crime against women.
Researcher has formulated the following hypothetical problems so that he can find answers,
either in affirmative or negative, and reach at a conclusion:-

H1 That there is ignorance and unawareness among women about present laws and procedure
to handle crime against women.
H2 That the existing Indian legal frame-work is not adequate to deal with the emerging
problems of CAW.

ADEQUACY OF LEGAL FRAMEWORK

Role of judiciary Role of executive

Role of legislature
Research: -―Research may be defined as a documented prose work. Documented
prose-work means organized analysis of the subject based on borrowed material with suitable
acknowledgement and consultation in the main body of the paper.‖11
The website‘s international dictionary proposes a very inclusive definition of the research ―A
careful critical enquiry or examination in seeking facts or principles‖12
Research Methodology & Design:-
Research Methodology for this research: - is doctrinal and Comparative research.

Explicative (Doctrinal) Research: - The researcher is using this research study nature of
CAW. Explicative means explain or clarify or making understand. ―Central point is to
identify the factors that determine or contribute for a given phenomenon to happen. This
is the sort of research that deepens him knowledge about reality, for it aims to explain the
reason why or thing.‖14

11
Bhattacharya Dipak Kumar, Research methodology P.-4(Second edition 2006)
12
Trivedi Dr. R.N. Research Methodology P-1
13
Bhattacharya P. 17 ibid 1
14
Antonio Carlos Gil, Como Elaborar Projetos De Pesquisa 42 (Atlas Publisher 4th edi 2009)
Research Approaches

RESEARCH DESIGN

Research objective Multiplication of CAW in Gwalior & Chambal and

Adequacy of legal framework to deal with

Research strategy

Archival Opinion Analytical

Literature

NCRB Survey
Laws Reports SC Cases Questionnaire e

Descriptive &
Conclusive
Analysis

Modeling
Combining explicative and Empirical research to address the
Hypothesis

Model is fit to solve the Research Questions

Model Application

Conclusion, Suggestion and recommendation

Conclusion
Data Sources:-
Collection of data is the most important task for researcher because every success and failure
of any research work will depends on the data. Which had been already collected by the
researcher because it is an important step of research work on which information and facts are
based. Thus, collection of data is a primary step, data collection of any research work is
divided into two categories.
Primary Data:-
―Primary data is one which is collected by the investigator himself for the purpose of a
specific inquiry or study. Such data is original in character and is generated by surveys
conducted by individuals or research institutions.‖15
Primary Data (Non-Doctrinal Data)

 Through Questionnaire
 Personal contact
 Online
 Through E-mail
 On phone
Secondary Data:-
―When an investigators uses the data which has already been collected by others, such
data called secondary data.‖16
The present study will be based on primary data as well as secondary data. Primary data will
be collected by the researcher with the help of specially designed questionnaire, personal
interviews of judges, advocate law professors, Law student‘s experts especially forensic
experts and NGO‘S in the field.
The secondary data will be collected by the researcher, from books, journals, magazines
published and unpublished research work, websites etc.
Secondary Data

 NCRB report 2009, 2010,2011, 2012, 2013,2014, 2015,2016

 From forensic science department
 From review report
 Through supreme court cases

15
Bhattacharya Deepak Kumar, “Research Methodology’, P-52 (Second edition 2006)
16
Bhattacharya Deepak Kumar, “Research Methodology”, P-52 (Second edition 2006)
 Through news websites
 Newspapers
Research Population
Total information wanted from about 350 people out of 350 only 285 responses 81.42% are
included in final analysis total 120 respondents provided data face to face, 100 respondent
filled data over the phone, 50 over the email and remaining online.

Sampling Methods:-

The researcher has used random sampling method to collect data. This sampling will enable
the researcher to generalize through statistical tools.

Data Collection Tools:-

The Questionnaire method was adopted for collection of data.

Contact Method:-

 Face to Face
 Telephonic
 Online survey
 E-mail

Data Analysis Techniques

Data were analyzed using simple percentage analysis by statistical package for social sciences
(SPSS) and Microsoft excel. Also through separate frequency tables, Pai and bar graphs were
prepared.
Limitation of Research Study:-
There is no research without limitation. There are many limitations in the present study also.
These limitations can be explained by the researcher as under:-
 The researcher could not satisfy himself with the review of previous study.
 Researcher has spent a lot of time to get the questionnaire back.
 Researcher tried his best to get information from forensic experts but could not get
success.
 Majority of the experts did not respond properly and
 Researcher has spent lot of time to collect the recent data but due to negligence of
officers researcher could not get best information.
Presentation of the Thesis:-
The present research study “Role of forensic Science in Investigation of Crime against
Women: A study with special reference to rape cases in Gwalior & Chambal Division
―Thesis presented by the researcher in three parts.
 The first parts is related with the preliminary Part i.e. contents, preface,
acknowledgement, list of judicial judgment, list of table and graph.
 The second part is concern with the related chapters i.e. introduction, constitutional
and legal framework, crime against women, judicial judgments, survey and its analysis,
finding conclusion and suggestion.
 The third part deals with the list of act. Text and other supplementary material
which includes the list of research paper, journals, magazines, newspaper etc.
Chapter Plan
 The whole thesis is divided into seven chapters, each chapter is unfolding the
hypothesis to be tested under first chapter “Introduction”, In this chapter researcher is
dealing with Research Methodology, objective of the present study, hypothesis, research
design scope and limitation of the research study and literature reviewed for the research.
 Under chapter two “crime against women.” The researcher is dealing with the
concepts of crimes various forms of CAW under Indian panel code as well as under special
laws and given an overview about CAW along with the current instances.
 Under chapter three “constitutional and legal framework” A detailed note of
national laws is discussed here and also discussed legislative and constitutional development
and global challenges.
 Under chapter four “role of judiciary in providing better justice to rape
victims.” In this chapter researcher discussed leading judgment of Supreme Court as well as
high court in which it is clearly stated that forensic play an important role in investigation of
CAW cases.
 Under chapter five “role of forensic science in Investigation of CAW ” The
researcher is dealing with the scope of F.S. How it is useful in investigation what the
techniques etc. are.
 Under chapter six “conclusion, suggestion and recommendation” first of all
researcher from various secondary and primary sources. There after researcher tested all three
hypothesis null one after the other. Further, researcher is giving some useful suggestions for
better enforcement to combat CAW with the belief that ―prevention is always better than
cure‖ and at the end researcher is giving some recommendations which need to be taken
into consideration by the women to defeat CAW.

Conclusion

As per my suggestion and getting conclusion after search various judgments of Hon‘ble
apex court as well the high court situation raised in the case of the state of MP vs Virendra
decided by the High court of Gwalior on 14.07.2016 in Criminal reference case no. 01/2015
held that when a child living with her near relative and she is not feel safe in the custody of
the her relative this is the worst position of our society and more serious than other offence
and in such case victim commonly approached to the child . it has been well said in the above
case that child is not safe in her house due to the flexible criminal mentality of the accused .
On the other hand society and government have taken more strict step to enforcing the law
through various agency there for the people /children feel to safe in their home. It is also
duties of the media and other social worker the right of the people infringed they should not
be change the attitude toward the victim and collectively they are come forward to against
such kind of activity and focus of that it should not be repeated again . Changes needed not
only in the laws but also in the outlook of the people so that sexual assault victims will no
longer be victimized. It is the apprehension that he Government should made provisions to
provide effective mental and physiological help to the rape victim too.