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Report No. 152

2.8. Deficiencies in regard to evidence: difficulty of proof.-

We may now turn to certain practical problems arising in the sphere of evidence. By its very nature, a crime that takes place while the victim is in custody is extremely difficult to prove. In the first place (as elaborated above), the situation is such that the victim is totally subservient to the alleged perpetrator of the crime. Hence the victim would be afraid to speak out.

Secondly, the situation is such that no third person may ordinarily be present who can give oral testimony. Even where there is a probability that custodial violence had been committed, it is difficult to link up the episode with the custodian and to establish to the satisfaction of the court that: (i) the offence in question had been committed, and (ii) the offence was committed by the custodian.

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