Two get ten years jail term for abduction in UP

Two get ten years jail term for abduction in UP
Two get ten years jail term for abduction in UP

A fast track court here has sentenced two persons to ten years imprisonment for abducting a milk trader and his two servants for ransom here.

According to government lawyer Naresh Kumar Sharma, judge Manoj Mishra has also imposed a fine of Rs 10,000 each on the accused, Baleder and Dugna, after holding them guilty last evening.

Milk trader, Bhupender, and his two servants, Satish and Anju, were abducted by the two accused from Parade village under Chapar police station here on October 24, 2002.

Later, police rescued the three following an encounter with the accused. Baleder and Dugna were then arrested.

( Source – PTI )

Two convicted for supplying fake currency

 fake currency
fake currency

Two convicted for supplying fake currency
Muzaffarnagar,  A fast-track court here sentenced two persons to four years imprisonment for supplying fake currency notes.

Additional District Sessions Judge Askok Kumar also imposed a fine of Rs 10,000 each on the convicts, Shamim and Mohd Jamal, after holding them guilty under section 489 of the IPC last evening.

Police had arrested the duo in September, 2007 from Shamli and recovered fake currency notes with face value of Rs 18,000.

HC frowns at dismissal of plea over lawyer’s absence

HC frowns at dismissal of plea over lawyer's absence
HC frowns at dismissal of plea over lawyer’s absence

In a significant ruling, Madras High Court has said that criminal appeals cannot be dismissed just because appellant’s counsel did not turn up for hearing and should be decided only on merit, underscoring that Supreme Court guidelines on such matters must be followed.

“When the counsel for the appellant was not present, the court cannot dispose of the appeal,” Justice P Devadass said in his ruling on a Criminal Revision Petition (CRP) filed by D L Saleem Ahmed.

Ahmed had been convicted by a Fast Track Court for dishonouring a cheque. Challenging this, he filed an appeal.

The Additional District and Sessions Judge, Chennai, dismissed the appeal as “ex-parte” as the lawyer for Saleem was not present. A petition was filed against this judgement in the High Court.

On circumstances like a counsel not present during a hearing on criminal appeal, the HC said “the (appellate) Court can adjourn the appeal to enable the counsel to appear or without adjourning the criminal appeal, the Court can dispose it of” on merit.

The appeal can be disposed of after fully referring to the evidence on record, and “either it (court) can allow the appeal or dismiss it. But, it must dispose of the appeal on merit.”

“The Honourable Supreme Court (has) laid down the guidelines as to the disposal of the criminal appeal, when the counsel for the appellant was not present,” the High Court said. Such guidelines must be followed, it said.

Outlining the distinguishing features of Criminal and Civil laws, the court said, “It is clear that the Appellate Court has disposed of the (criminal) appeal like a Civil Court. It is an ex-parte disposal.” Such a disposal is unknown to criminal laws,” the court said.

Allowing the appeal filed by Ahmed, the High Court set aside the order of the Additional Sessions Judge. It directed the lower court to dispose of the appeal according to law and in conformity with apex court guidelines.

Dec 16 gang rape case sentencing Friday

A fast track court, which has convicted four persons in the December 16 gangrape-cum-murder case, on Wednesday fixed September 13 for pronouncing the quantum of sentence to be awarded to them.

Additional Sessions Judge Yogesh Khanna reserved the order on punishment after hearing arguments of the prosecution, which sought death penalty for the four, and the defence lawyers.

The Delhi Police sought death penalty for the four for brutally gangraping and murdering a defenceless 23-year-old girl in a cold blooded manner.

Advancing arguments on quantum of sentence, Special Public Prosecutor Dayan Krishnan said the death sentence should be awarded to the four convicts — Mukesh (26), Vinay Sharma (20), Pawan Gupta (19) and Akshay Thakur (28) — as the case falls in the category of “rarest of rare” cases.

The defence lawyers, however, sought a lenient punishment for the convicts, saying life imprisonment in such a case is a rule while death penalty is an exception.

During the arguments, the prosecutor told the court that the convicts do not deserve any mercy, as they killed the helpless girl who kept on pleading for mercy.

“The crime is not only grotesque and diabolic in nature but the barbaric behaviour of the convicts was of the highest kind. Maximum sentence has to be given as the court should see that they have raped and killed a helpless girl, even as she pleaded for her life,” he said.

He said people at large are watching this case and if the convicts are awarded a lighter punishment, the public will lose faith in the judicial system.

“This is an extreme case of depravity and sexual assault of a young girl, who could not survive after their gruesome attack and gangrape.

“The act to damage the girl’s intestines intentionally leaves no scope of sympathy,” the prosecutor argued.

The prosecutor said as per an apex court judgement when there is murder after gangrape, the sentence should be death penalty.

At the start of arguments on point of sentence, convict Mukesh moved an application seeking issuance of contempt notice against Home Minister Sushil Kumar Shinde for his reported statement that death is assured for the four convicts in the case

The court, while convicting the four men on Tuesday, had said that the crime was committed in a “premeditated manner”.

The court convicted them for 13 offences including gangrape, murder, unnatural offences, attempt to murder, dacoity, destruction of evidence, conspiracy, kidnapping or abducting in order to murder, while acquitting them of the charge of murder in dacoity.

In the 237-page judgement, which had come six days short of nine months of the incident that shook the nation’s conscience, also found complicity of main accused Ram Singh, who was found dead in Tihar jail during the trial.

On August 31, the juvenile accused was convicted and sentenced to a maximum of three years in a reformation home.

On the night of December 16, last year, Ram Singh, Vinay, Akshay, Pawan, Mukesh and the juvenile had gangraped the girl in a bus after luring her and her 28-year-old male friend, who was also assaulted, on board the vehicle, which was later found to be plying illegally on Delhi roads.

The limbs of the victim’s friend, a software engineer, were fractured in the incident. The girl succumbed to her injuries on December 29, 2012 at a Singapore hospital.

(Source: IANS)

Spurt in false cases by sexual abuse of workers :court

Acquitting a man accused of raping his maid, a fast track court has expressed concern over a “spurt” in cases of false allegations by domestic helps regarding rape and physical abuse by their employers.

The court also noted that “a recent trend is surfacing where either a domestic worker is being underpaid or where she has been detained by the employer for an unusually long period or where her work is unsatisfactory that such a domestic worker has unfortunately resorted to invoke the laws relating to sexual abuse for achieving their goal.”

While making these observations, Additional Sessions Judge Nivedita Anil Sharma said that “this trend requires to be nipped in the bud itself and the precious time of the government agencies i.e. the police, the prosecution, the judiciary etc should not be wasted.” The court made these observations while acquitting a west Delhi resident of the charges of raping his domestic help twice and threatening to kill her if she disclosed the incident to anyone.

While acquitting the man, the court also noted that “today public outrage and a hue and cry is being raised everywhere that courts are not convicting the rape accused.

“It should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and is not to be swayed by emotions or reporting in the media.” The prosecution case was that in July 2012, the girl, through a placement agency, got a job as domestic help of the daughter of the accused at a monthly salary of Rs. 8,000.

The girl had worked for two months but was paid only Rs. 2,000 and was allegedly raped by the accused when she went to demand the arrears.

The girl, however, in her deposition claimed that she had never told the police that she was raped by the accused.

She claimed that when she went to the police to lodge a complaint about non-payment of salary, she met an elderly man outside the police station, who inquired about her problem and made her put thumb impression on some blank papers.

 

PTI

Ram Singh hanged himself to death: Tihar jail

Here in fast track court Tihar Jail authorities told in hearing of the Delhi gangrape case that the main accused Ram Singh hanged himself to death in his prison cell.

In a 2-page preliminary report submitted to the court, the Superintendent of jail no.3 has said that Singh was found hanging by a “thin string” made out of his clothes, the counsel appearing for one of the accused in the case told reporters outside the court room.

“The report states that the body of Singh was seen hanging at 5.25 AM in the morning. The doctor of the jail was informed at 5.40 AM and the accused was declared dead at 5.45 AM yesterday morning,” according to him.

The inquiry report was sought by the Additional Sessions Judge Yogesh Khanna yesterday after he was apprised about the death of Ram Singh, 34, who was found hanging in a cell of jail no. 3, where he was kept along with three others.

Quoting from the report, the advocate said that since inquest proceedings were being done by the Metropolitan Magistrate it may take some time for the jail authorities to submit the final report. “The post mortem report is also awaited,” the lawyer told.

In a related development the court recorded the statement of the two forensic experts, who had provided their scientific support and services during the investigation of the gangrape-cum-murder case.

B K Mophapatra, Senior Scientific Officer and Rajender Singh, a Principal Scientific officer cum assistant chemical examiner, both from Central Forensic Science Laboratory (CFSL) were cross-examined by the defence counsel.

The fast-track court is recording the statements of the prosecution witnesses in in-camera proceedings on daily basis and so far 45 witnesses have been examined.

The remaining four accused–Singh’s brother Mukesh, Vinay Sharma, Pawan Gupta and Akshay Singh–were present in the court today.

Rape case: Court for rules to curb nefarious agencies

A fast track court has highlighted the need for framing guidelines to curb “unscrupulous and nefarious” activities of placement agencies while freeing a man of the charges of trying to rape his female colleague.
The court acquitted the Delhi resident saying that a “major lacuna” in the case is manifest from the medical report of the accused that “he is not capable of performing sexual intercourse”.

Additional Sessions Judge Virender Bhat observed that it is a matter of concern that uneducated, uninformed and minor girls from poor and rural backgrounds are being exploited by the “unscrupulous” agents/placement agencies.

“…Thereby grossly misusing and abusing the laws related to rape and sexual abuse have been reaching the courts and are a matter of serious concern,” according to the court.

This is for the reason that there are no laws, rules and regulations, framed by the Government for keeping a close vigil and check on such activities carried on by the owners of various placement agencies, it said.

“It is high time that the Government wakes up to the reality and puts in place appropriate rules and guidelines so that such unscrupulous and nefarious activities being carried out by the placement agencies are curbed,” the judge said.

The court noted that poor and illiterate girls brought to Delhi from remote areas of West Bengal, Bihar etc. To provide them employment and means of living are either being thrown into “prostitution or used by the owners of these private placement agencies to settle scores with their rivals”.

According to the prosecution, the incident took place on the night of April 12, 2010 when the 15-year-old victim, a native of West Bengal, was sleeping in the placement agency here where she used to work.

It said that in the night the accused, who was also employed there, came to her room and tried to rape her but he ran away when she started crying.

A woman, who was in the adjoining room, came there and saved her and she narrated the incident to her, it said.

 

PTI

Youth gets 10 yrs jail for raping girl

A young man has been awarded for 10 years of imprisonment by a fast track court for raping a girl on the false promise of marriage and leaving her after she became pregnant.

The court told that after maintaining physical relations with the Muslim girl for over two years, Deepak Dogra refused to marry her and to save himself from legal punishment, he went through “farce of marriage ceremony” despite knowing that it was neither lawful nor valid.

“It is clear from the girl’s evidence that a farce of marriage ceremony was conducted in a temple by Deepak and they exchanged garlands and he had put vermilion on her head. “This indicates that he never had any intention to marry her. Knowing fully well that he is a Hindu and the girl is a Muslim and the fact that the marriage cannot be solemnized without a priest, the accused went ahead with the farce of the marriage ceremony even after being told by a priest that the marriage is not performed in that temple,” Additional Sessions Judge Nivedita Anil Sharma told.

The court also awarded a compensation of Rs one lakh to the girl under the Delhi Victims Compensation Scheme.

It also imposed a fine of Rs 60,000 on Mubarakpur- resident Deepak stating that if realised the amount should be given to the victim as compensation.

According to the prosecution, the 20-year-old girl had lodged a complaint against Deepak in October, 2010 alleging that he had raped her several times in a factory and at her house for over two years on false promise of marriage.

She had told the police that 21-year-old Deepak, residing in her neighborhood, had assured her that he would marry her but after she became pregnant, he refused to do so and also ask her to abort the child.

After his refusal, the victim approached the police and in order to save himself, Deepak along with his family members took her to a temple and exchanged garlands saying he has married her and left her after taking photographs as proof.

The court said, “Needless to mention here that Deepak is a Hindu and the girl is a Muslim and the two could not have married unless one of them converted to the religion of the other, or they got married under the Special Marriage Act.”

The accused was held guilty for raping and fraudulently performing marriage ceremony without lawful marriage.

Regarding the girl’s consent in having physical relations with the accused, the judge said it was clear from her evidence that Deepak developed physical relations with her on the promise of marrying her after the marriage of his sister.

“Had he not so promised, she would not have allowed him to have physical relations with her…”The girl reacted immediately upon coming to know that the accused has broken his promise to marry her and had been establishing sexual relations with her on the basis of false promise, implying thereby that her consent for the sexual act was obtained under a misconception of fact, thus constituting rape within the meaning of Section 375 IPC,” the court added.

The convict had sought leniency on the ground that he was a factory worker and his family was dependent on him.

The court, however, refused to show leniency saying that he has raped a young woman who was helpless, defenceless, and vulnerable and an easy prey and he has violated the sanctity of the relationship between them.

Court frames charges against Delhi gang-rape accused

The fast-track court on Saturday framed charges against the five Delhi gang-rape accused. The trial in Nirbhaya gang-rape case will begin from Monday. The accused will now face trial for which maximum sentence is death.
The five men brutally assaulted and gang-raped a young woman in Delhi on December 16, who died 13 days later in Singapore.

The counsels for accused and prosecution had earlier concluded their arguments on charges against five of the six accused in the gang rape.

The Juvenile Justice Board (JJB) declared the sixth accused a minor last month, and his case will be heard by the board.

The five accused are: bus driver Ram Singh, his brother Mukesh, fruit seller Pawan Gupta, gym instructor Vinay Sharma and bus cleaner Akshay Thakur. All of them are now in Delhi’s Tihar Central Jail.

The hearing in the case had started on January 21 at the fast-track court which was set up to try the case that had led to a nation-wide outrage against crimes against women.

The accused were formally charged in the Saket court 18 days after they gang-raped and tortured the 23-year-old physiotherapy intern in a moving bus, causing multiple-organ failure that led to her death.

They also assaulted her 28-year-old male friend. Both were thrown out of the bus after around 40 minutes, naked, bleeding and shivering. The friend is the main witness in the case.

The chargesheet, with annexures, runs into thousands of pages and includes the victim’s statement, details of the accused, evidence and forensic reports.

Police have charged the five accused under 13 sections of the Indian Penal Code (IPC): sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gang-rape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 365 (kidnapping or abduction with intent to secretly or wrongfully confine a person), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention), 412 (dishonestly receiving stolen property), and 397 (robbery or dacoity with attempt to cause death or grievous hurt).

All the accused were arrested between Dec 17-21 following a nationwide outcry over the crime, which also triggered protests in several cities. In Delhi, protesters clashed with security forces.

The union cabinet on Friday approved an ordinance for enhanced punishment in cases of crimes against women, including sexual assault, acid attacks, voyeurism and trafficking, as suggested by the Justice J.S. Verma Committee.

The government had recommended to President Pranab Mukherjee that an ordinance be issued.

The Verma Committee, set up by the government on Dec 23 to review laws to provide speedier justice and enhanced punishment in cases of aggravated sexual assault, submitted its report to the government Jan 23. The panel was set up after the Dec 16 incident.

 

PTI

Court frames charges against Delhi gang-rape accused

The fast-track court on Saturday framed charges against the five Delhi gang-rape accused. The trial in Nirbhaya gang-rape case will begin from Monday. The accused will now face trial for which maximum sentence is death.
The five men brutally assaulted and gang-raped a young woman in Delhi on December 16, who died 13 days later in Singapore.

The counsels for accused and prosecution had earlier concluded their arguments on charges against five of the six accused in the gang rape.

The Juvenile Justice Board (JJB) declared the sixth accused a minor last month, and his case will be heard by the board.

The five accused are: bus driver Ram Singh, his brother Mukesh, fruit seller Pawan Gupta, gym instructor Vinay Sharma and bus cleaner Akshay Thakur. All of them are now in Delhi’s Tihar Central Jail.

The hearing in the case had started on January 21 at the fast-track court which was set up to try the case that had led to a nation-wide outrage against crimes against women.

The accused were formally charged in the Saket court 18 days after they gang-raped and tortured the 23-year-old physiotherapy intern in a moving bus, causing multiple-organ failure that led to her death.

They also assaulted her 28-year-old male friend. Both were thrown out of the bus after around 40 minutes, naked, bleeding and shivering. The friend is the main witness in the case.

The chargesheet, with annexures, runs into thousands of pages and includes the victim’s statement, details of the accused, evidence and forensic reports.

Police have charged the five accused under 13 sections of the Indian Penal Code (IPC): sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gang-rape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 365 (kidnapping or abduction with intent to secretly or wrongfully confine a person), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention), 412 (dishonestly receiving stolen property), and 397 (robbery or dacoity with attempt to cause death or grievous hurt).

All the accused were arrested between Dec 17-21 following a nationwide outcry over the crime, which also triggered protests in several cities. In Delhi, protesters clashed with security forces.

The union cabinet on Friday approved an ordinance for enhanced punishment in cases of crimes against women, including sexual assault, acid attacks, voyeurism and trafficking, as suggested by the Justice J.S. Verma Committee.

The government had recommended to President Pranab Mukherjee that an ordinance be issued.

The Verma Committee, set up by the government on Dec 23 to review laws to provide speedier justice and enhanced punishment in cases of aggravated sexual assault, submitted its report to the government Jan 23. The panel was set up after the Dec 16 incident.

 

PTI