Having a splendid experience of 8 years in Criminal cases, Advocate Ravi Drall has represented MLA Rakhi Birla ( Dy. Speaker of Delhi Legislative Assembly ), MLA Surender Commando ( MLA Delhi Cantt. Constituency ), MLA Prakash Jarwal ( MLA Deoli Constituency ) in criminal cases. He also has an avid interest in Politics.
Q. The recent POCSO Amendment Bill talks about inclusion of death penalty as a punishment for sexual offences against children, which implies that juveniles can also be given death penalty for committing crime against children. As you take up cases under POCSO, how much do you support or defy this step?
A. Not only being a Lawyer but also being a human being, I strongly support the recent amendment made in the POCSO Act which inserted the provision of death penalty for sexual offences against children for the fact that amendment padlockes all escape routes for juveniles also who commit such heinous crimes, if proved guilty. This amendment was really very well reasoned with the amendment made by Section 15 of the Juvenile Justice Act in year 2015.
As per section 15 of the act, a juvenile offender, between the age of 16-18, who has committed a heinous offence may be tried as an adult by putting him to trial under the criminal justice system after the Board (with the assistance of psychologists or psycho-social workers or other experts) has assessed the juvenile offender on the following:
1. The capability of the juvenile to commit such a murder (mens rea and physical capacity);
2. His ability to comprehend the consequences of the offence committed;
3. The circumstances in which the offence was committed.
Due to advancement of technology today teenagers are exposed to more sex related issues and lot of material is also available to them. Because of their impressionable age boys may tend to get provoked about such acts which results into the crime about which they are subconciously aware of. Considering various backgrounds and after due enquiry in competent manner, I feel that the fact that a Juvenile shall be tried as adult and severe punishment shall be given to him is justified under such circumstances.
Q. What was your strategy to win the case under MCOCA which was also covered by The Hindu? Is there one thing you helped your client achieve that stands out in your mind as a major accomplishment?
A. Maharashtra Control of Organised Crime Act, 1999 (MCOCA) is a law enacted by Maharashtra in India in 1999 to combat organised crime and terrorism and same was extended to Delhi to curb the crime syndicate of Neeraj Bawania, Neetu Dabodia etc.
Since MCOCA is a special Act and trial of same is conducted in a special court. Since the very first day, I had detailed client meetings with the Parocar of the accused who provided all the concerned documents which were required during the court proceedings i.e. Income tax details, previous convictions, criminal records etc. Since to establish an offence under MCOCA the prosecution has to establish involvement of accused person in more than two cases and economical gain through illegal means or spreading terror. But on the one hand when prosecution was collecting evidences against my client on the other hand I was also collecting the proof of his innocence. Ultimately, prosecution could not prove any illegal money or monetory gains in name of my client further my client was implicated in other as many as 60 cases in which cases he was acquitted by other courts, hence ingredients of MCOCA were not satisfying and accused were acquitted.
I saved the inherited and self earned property of my client which was earned by his father with his hard work otherwise Delhi Police has asked to seized all the property which was in name of the accused persons.
Q. How do associates in your firm get to learn courtroom and litigation skills?
A. First of all I always suggest my associates to be a good researcher which is the first and foremost step to be a good lawyer forever. Law is dynamic for which we have to be consistent in touch with all the changes in various fields. I have bought legal software and weekly journals which have been very helpful.
Further I always take my associated in court proceedings and sometimes give them opportunity to appear and argue.
I always caution them that during cross examination your single wrong question to a witness can tarnish the Life and Liberty of somebody so be prepared with facts and circumstances. Read not only files but Minds of Judges and witnesses also.
Q. Having debated on various news channels, how far do you think television debates are successful in seeking attention and providing solutions to the authorities?
A. TV debates have been always helpful and the same brings instant result. Whenever a TV debate is broadcasted,the same draws attentions of lacs of people which ultimately motivates people to give their views and understand a situation in different angle and ultimately authorities also get attentive. In society crimes are being committed daily and people forget also but any crime which is covered by Tv channels and same draw the attention of large masses then authorities are not left to any other option but to amend the law or bring new solutions to the problem.
Q. What do you wish you had known when you started your career that you know today?
A. Well, I am focused to read books and minds of clients and doing the same thing since my beginning. But in future I wish to do some social work also to help the society.
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