3 brothers get life imprisonment for murdering man

Three brothers were sentenced to life imprisonment by a special SC/ST court in neighbouring Bundi district today for murdering a man after a quarrel over a minor issue in April 2016.

Special judge Koshal Singh convicted Ashok Jinger (34), Arun Jinger (24) and Sonu alias Hempal Jinger (21), who are residents of Talera town, for the murder of Amerjeet Singh, special public prosecutor (SPP) Mahendra Sharma told reporters here.

The court also slapped a fine of Rs one lakh each on them and ordered that Rs 3 lakh be paid as compensation to the victim’s wife.

Amerjeet Singh, 33, a resident of Talera town of Bundi district, was on April 24, 2016 murdered by the three brothers following a minor scuffle after his car hit the wooden bench outside the tea stall of their father in Talera town.

A case was lodged in this connection in Talera police station. Statements of 17 witnesses were recorded during the trial and 21 documents were produced before the court, the SPP said.

 

Such vultures can’t be spared lightly: HC judge

Such vultures can't be spared lightly: HC judge
Such vultures can’t be spared lightly: HC judge

The Madras High Court Judge, Justice P. Devadass, who recently referred the case of a rapist for mediation with the victim that triggered a row, today expressed concern over women and children increasingly becoming target of “lust” of men and said such “vultures” cannot be spared lightly.

He made the observation while upholding ten-year rigorous imprisonment on a person for raping a four-and-half- year old child.

Justice Devadass in his order said “the appellant has raped the girl who was then four and half years old,” as he endorsed the judgment of December 20, 2010 of the Erode Principal Assistant Sessions Judge.

“In these days, increasingly women and children are becoming target of lust of men. It is a motiveless crime. It is beastly behavior. Such kind of criminal behavior does not deserve sympathy. Such kind of vultures cannot be spared lightly.”

Justice Devadass, while dismissing the appeal filed by Senthil Kumar of Erode, said “…A girl child of four and half years old cannot be expected to tell the sexual act committed on her in so many words, with details thereof like a mature girl. The medical evidence adduced in this case shows that the said girl had been subjected to sexual intercourse.

“Reading the medical evidence in the light of said explanation to IPC Section 375, prosecution established that she had been subjected to sexual intercourse.”

According to the prosecution, the minor girl at Oricherrypudur in Erode District was raped by the appellanat in 2008 after luring her with sweets when her parents were away at work.

The trial court convicted him for offences of kidnapping and raping.

He was sentenced to 10 years R.I and slapped with a fine of Rs.1000 and in default to undergo another six months R.I, following which he filed the present appeal in the High Court.

Dismissing the appeal, the judge said the prosecution has proved the case beyond reasonable doubt.

Justice Devadass was in the news recently after he referred a case of a rape convict, who was awarded seven years imprisonment by a trial court, to its mediation centre to settle the matter taking note of the future of the victim who is gave birth to a child after her rape.

Increasing crimes against property can’t be ignored

Increasing crimes against property can't be ignored
Increasing crimes against property can’t be ignored

Rising trend of crime against property can’t be ignored and innocent persons need to be protected from “frivolous elements of the society” who usurp property through forged means, a Delhi court has said.

The court’s observations came while upholding six months jail term to a woman for forging documents to acquire a property of a Delhi resident.

“The court cannot be oblivious of the rising trend of crime against property, wherein the property of an innocent person is usurped by frivolous elements of the society on the basis of manipulated and forged documents,” Additional Sessions Judge Pulastya Pramachala said.

The judge said that the trial court had rightly adopted the deterrent approach which is appropriate for sentencing in such cases.

“The offence in question was not committed by appellant (woman) under any compulsion of life. Such offence not only affected the rights of the complainant, but at the same time it added to the misery of the society by creating an insecure condition for owner of any plot,” the court said.

It dismissed the appeal of the woman and said that the trial court order cannot be said to be based on wrong application of law or wrong appreciation of facts.

The woman had filed an appeal against the trial court order claiming that despite of the positive report from probation officer, she was not granted benefit of probation.

She was awarded six months jail term and Rs 10,000 fine which was to be paid to the complainant Sardar Gurcharan Singh, a Delhi resident, who had alleged that she conspired to grab his property on the basis of forged power of attorney, sale agreement, affidavit and cash receipts.

The court also noted that the woman had filed a civil suit in 1994, on the basis of forged papers against Singh to take possession of the said plot.

The trial court had convicted the woman under section 471 (using as genuine a forged document) of IPC while holding that she had consciously used forged documents as genuine documents, to base her claim against the complainant in the civil suit.

HC issues NBW against ‘dead’ murder accused

delhi-high-courtThe Delhi High Court on Friday issued fresh non-bailable warrant (NBW) against a murder accused who had jumped bail and allegedly connived with his family members to show an unidentified body as his own to get him declared dead by the Uttar Pradesh police.

However, during investigation the police had found out that the accused’s finger prints, which were on record, did not match with that of the body which was identified as that of the accused by his family members.

Shocked by what the probed had revealed, the high court had directed the police to conduct a thorough investigation into the whole matter including the role played by the family members as well as the police officers who had handed over the unidentified body to the accused’s relatives.

The court had on May 23 also issued NBW against the accused, which was returnable for July 18, as well as directed police to file a status report.

Thereafter, police had filed its report saying that since the identity is in doubt, the ashes have been sent for a DNA test, result of which is awaited to ascertain the claims of the kin of the accused. The report also said they were putting in efforts to trace the accused.

Police had said investigation showed three constables of Ghaziabad police were involved in the conspiracy and it has proved the “finger prints taken were not of the unclaimed body but of some other body”.

After perusing the report, a bench of justices Kailash Gambhir and Sunita Gupta today asked the police to file a fresh status report along with the DNA analysis result of the body that was shown to be that of the accused.

It asked the police to expeditiously complete the probe into the disappearance of the accused, Rajbir Singh.

The court fixed October 10 for further hearing in the matter.

(Source: PTI)

Nido Tania murder case: One accused gets bail

Nido TaniaAn accused named in the charge sheet in the Nido Tania murder case here in January was granted bail by a Delhi court on Monday.

Additional sessions judge Rajender Kumar Shastri enlarged accused Sunny Uppal, 37, observing that he was the only earning member of his family, who are on the “verge of starvation”.

“Counsels for the applicant (Sunny) undertake that latter will not try to contact any of the witnesses of this case, particularly the witnesses, who are stated to?have identified him as one of assailants.

Sunny is stated to be a permanent resident of Delhi and there is no apprehension that he will flee from justice even if admitted on bail.

“Keeping in view facts mentioned above and also the fact that family members of the applicant are at the verge of starvation, their only bread earner being in jail, for more than three months, applicant is admitted on bail, on his furnishing a personal bond in sum of Rs 50,000 with one surety in like amount,” the court said.

Sunny along with co-accused — Farman, Pawan and Sunder Singh — were apprehended after relatives of Tania, a 19-year- old BA first year student from Arunachal Pradesh studying in a private university here, alleged that he had an altercation with some shopkeepers at Lajpat Nagar market on January 29 after they made fun of his hair style.

Following the altercation, the shopkeepers had allegedly thrashed him. He was brought dead to AIIMS the next day.

The death of Tania, son of a Congress MLA, evoked angry reactions from people of the northeast living in the national capital who alleged that police had failed to protect him.

(Source: PTI)

Person not named in FIR, charge sheet can be tried: SC

supreme courtThe Supreme Court said Friday that someone whose name does not figure either in an FIR or a chargesheet but whose role in an alleged crime surfaces during the course of a trial would be subjected to the said trial.

A constitution bench of Chief Justice P Sathasivam, Justice BS Chauhan, Justice Ranjana Prakash Desai, Justice Ranjan Gogoi and Justice SA Bobde said that the evidence against such an accused would be sufficient when evidence was being recorded and not at the stage of cross-examination of witnesses.

The court observation came while addressing five questions referred to it by a three- judge bench Dec 8, 2011, on the stage at which Section 319 of the Code of Criminal Procedure (CrPC) would come into play to try a person whose role in a crime surfaces during the course of a trial and at what stage would the evidence be read against such an accused.

Section 319 of the CrPC spells out the proviso for the joint trial of a person, who though not been named as an accused, appears, during the course of investigation or trial, to have committed a crime.

“Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed,” Section 319 (1) says.

The five questions addressed the constitution bench were:

* At what stage can the power under Section 319 can be exercised?

* Does the word “evidence” used in Section 319 (1) only mean evidence tested by cross-examination or can the court exercise this power even on the basis of the statement made in the examination-in-chief of the witness concerned?

* Has the word “evidence” in Section 319 (1) been used in a comprehensive sense and does it include the evidence collected during the investigation or is it limited to the evidence recorded during the trial?

* What is the nature of satisfaction required to invoke the power under Section 319 to arraign an accused? Can this power be exercised only if the court is satisfied that the accused summoned will, in all likelihood, be convicted?

* Does the power under Section 319 extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?

(Source: IANS)

Government, police told to ensure law and order in juvenile homes

delhi-high-courtThe Delhi High Court Friday, taking exception to the failure to control rioting by the juveniles in homes, directed the government and police to ensure maintenance of law and order in all the homes here.

A division bench of Chief Justice N.V. Ramana and Justice Manmohan took suo moto cognizance of recent incidents of juveniles going on a rampage and observed that “hands-off attitude” of the officers will not serve any purpose and “power and responsibility has to be clearly defined”.

“Something is wrong. System is responsible for this, there can’t be lawlessness. We can’t allow rioting on daily basis, it means you are doing nothing,” the bench said during the hearing.

During the hearing the bench said that between August to now, there have been four incidents of rioting, fires and escapes at observation homes for juveniles, in conflict of law, run by the Delhi government’s women and child development department.

Department’s director Rajeev Kale, who was present before the court, said that his department had not been able to control the violence due to lack of standard operating procedures as well as multiplicity of authorities, such as the national child rights panel, the Delhi child rights panel, the supervision committee, NGOs and social activists.

“These multiple authorities have undermined the status as well as power of the officer-in-charge of the observation homes as they have frequently interfered in the administration of observation home,” he said, adding that certain hardened juvenile accused, convicted for murder, have recently been moved to the observation home.

Recording the submissions of the officer, the court said that keeping in view the emergent situation, it would make Kale as well as a senior officer of Delhi Police, not less than the rank of deputy commissioner of police, to be nominated by the police commissioner within 24 hours, personally responsible for maintenance of peace as well as law and order in all the homes.

The bench further said that the two officers will be at liberty to devise standard operating procedures forthwith as to how to deal with cases of rioting, fires, escapes ect. at observation homes.

“They are also given authority to deploy more staff and force in all the observation homes. They are also given option to segregate the juveniles according to their discretion,” the court said and posted the matter for Feb 5, 2014.

As per the news reports, on Dec 16, a group of minors had escaped from an observation home in Delhi’s Kingsway Camp after an eight hours of rioting, vandalism and arson.

The report added that two groups of juveniles started a fight in the centre in the afternoon. Though the authorities managed to intervene, some of the inmates were injured and had to be taken to a nearby government hospital.

Meanwhile, the juveniles inside the home again created a ruckus and began to fight. They snapped the power supply to the centre and some climbed up the terrace and managed to escape by jumping over the boundary wall of the centre.

The report said that they had set fire to the hall, bashed up the staff with iron rods and attacked them with knives. Most of the staff, fearing for their lives, fled from the home and police had to be called in.

(Source:IANS)

Crime against women rising in India: NCW member

A case of violence against a woman is registered in India every three minutes and every 29 minutes a woman is raped, National Commission for Women (NCW) member Wansuk Syiem said here Friday.

Citing National Crime Records Bureau (NCRB) data, Syiem said: “Over 7,600 women are killed each year because their in-laws consider the dowry inadequate and a very small percentage of their murderers are brought to justice.”

“Everyday at least 50 cases of dowry-related violence are reported in India,” she said while addressing a conference on domestic violence titled “Save Home, Save Family”.

Syiem said that despite a number of laws, sensitive society, pro-active policing and holding of seminars and awareness programmes, nothing seems to be working at the ground level to check crimes against women.

“Women are seen as traitors by the family when they report any violence,” she said.

NCW joint secretary Sundari Subramanium Pujari said: “To check crime against women there are five pillars that must be pro-active. These are good laws, proper execution of laws, judiciary, civil societies and NGOs and media.”

“Education, empowerment and skill development of women are the vital tools to curb violence against women,” she suggested.

To deal with crimes against women, the Tripura government has set up help-desks in all 66 police stations across the northeastern state.

“The police department, in consultation with the law department and other stake holders, has short-listed cases involving crimes against women to be disposed off in fast track courts,” Tripura Inspector General of Police K. Nagraj told the gathering.

“Some exemplary punishment is necessary in some heinous crimes against women and these cases should be settled promptly,” he said.

Tripura Social Welfare Minister Bijita Nath inaugurated the day-long conference, where elected local-self government leaders, police officials, NGO representatives, women activists, educationists and social workers were present.