Kathua gangrape case: Court asks to share names of witnesses who do not face threat

Pathankot: In hearing the gruesome rape and murder case of an eight-year-old girl, today district and sessions court asked the prosecution to share, a day in advance with defending lawyers, names of those witnesses who do not have any security threat, a lawyer said.

Pathankot District and Sessions Judge Tejwinder Singh, while hearing a petition of defence counsel for disclosure of names of witnesses in advance, left it to the prosecution to share the names of only such witnesses, a day in advance with defence lawyers, who do not have any security threat, said Special Public Prosecutor J K Chopra.

The court, while disposing off three applications of defence counsel, asked it would be appropriate to direct the prosecution to disclose the names of witnesses in advance a day before examination barring those who are under threat, Chopra said.

Defence counsel A K Swahaney told reporters that the court agreed with their plea for disclosure of witnesses names in advance.
The defence had last month moved the court with the plea saying that it would help them in preparing for their case.
The judge, however, took cognizance of the crime branch application in which they had pleaded that disclosing names in advance will have a bearing on their security, Chopra said.
However, it agreed that such names, who do not face any threat, will be shared in advance, he added.
The crime branch of the Jammu and Kashmir Police had highlighted that some vested groups in Hiranagar and Kathua area had launched a well-organised campaign against the investigating agency by large-scale propaganda on electronic, print and social media to “mislead the masses”.

The prosecution also brought to notice that a targeted campaign to intimidate witnesses had come to fore.

HC: Cops fail to inform rape victims about option of abortion

Mumbai:  The Bombay High Court today once again said that police must inform the victims in such cases that they have the option of undergoing abortion, allowing a 16-year-old rape survivor to terminate her pregnancy.

A bench of justices Naresh Patil and G S Kulkarni granted permission to the girl to undergo an abortion, after a panel of doctors suggested that it would be safe for her.
The victim, who is 21 weeks pregnant, moved the court earlier this week after her request for the termination of pregnancy was rejected by two government hospitals.

Doctors at the government-run KEM hospital asked her to approach the high court, as an abortion beyond 20 weeks is illegal, except under certain circumstances.

The judges noted that the girl lost five to six days in running from one hospital to another.

“Often (rape) victims and their families do not know that they have the option of medically terminating a pregnancy up to 20 weeks. The state must tell police officers to not waste any time when they are dealing with such victims,” the court said.
“The police must inform them that they have this option and can visit a hospital,” the bench said.

Under the Medical Termination of Pregnancy Act, termination of pregnancy is not allowed beyond 20 weeks, unless its continuation poses a threat to the mother’s life.
During the arguments, advocate Meenaz Kakalia, the victim’s lawyer, had said the girl wanted to undergo abortion as the pregnancy was the result of a rape.
Continuing with the pregnancy would cause her much mental anguish, and being a minor, she must not be forced to give birth, the lawyer argued.
The high court then directed a panel of doctors to examine the girl. After the medical report said that despite the advanced stage of pregnancy, abortion would not pose danger to her life, the court granted the girl’s plea.

In the past, the court has stated in several similar cases that police must apprise rape victims of the option of abortion before it is too late.

Danish gangrape: Court records statements of police

Danish gangrape: Court records statements of police
Danish gangrape: Court records statements of police

A Delhi court today recorded the statement of two police officials in a case in which a 52-year-old Danish woman was allegedly gangraped by nine persons here last year.

Additional Sessions Judge Kaveri Baweja recorded the testimonies of Inspector Raj Kumar, the then SHO of Paharganj Police Station, and the investigating officer (IO), Sub Inspector Puspa, who was the initial IO in the matter. Deposing as a prosecution witness, Mr. Kumar said he had sent the material collected during the probe to the forensic laboratory.

The examination-in-chief of Mr. Kumar, recorded through special public prosecutor Atul Shrivastava, concluded while his cross-examination by defence counsel was deferred for the next date of hearing on November 24.

The court had earlier recorded deposition of a forensic expert who said that DNA profile of the accused persons had matched with the samples collected from the victim’s clothes.

The police charge sheet has said the nine accused, all vagabonds, had allegedly robbed and gangraped the Danish tourist at knife-point on the night of January 14 last year after leading her to a secluded spot close to the Divisional Railway Officers’ Club near New Delhi Railway Station.

The nine accused, including three juveniles, were arrested. The three juveniles are facing an inquiry before the Juvenile Justice Board (JJB).

The six adult accused — Mahendra alias Ganja (24), Mohd Raja (22), Raju (23), Arjun (21), Raju Chakka (22) and Shyam Lal (55), are in judicial custody and facing trial.

The nine accused have been booked on charges of gangrape and robbery or dacoity, with an attempt to cause death or grievous hurt under IPC.

Earlier, depositions of the victim and two Danish police officers, who had come here from Denmark in pursuance to summons, were also recorded by the court.

During an in-camera hearing on July 1, the woman had narrated to the judge the entire incident and identified three of the six adult accused as the ones who had gangraped her.

However, while deposing before JJB, she had turned hostile and failed to identify the three minor offenders.

( Source – PTI )

Life sentence for man in rape case

Life sentence for man in rape case
Life sentence for man in rape case

A man has been sentenced to life imprisonment by a court in  Ballia (UP) an abduction and rape case of a 15-year-old girl in 2006.

Additional District Judge Amarpal Singh convicted Aslam and sentenced him to life term.

He also imposed a fine of Rs 25,000 on the convict, according to the prosecution.

The Class IX student was kidnapped and raped on March 3, 2006 by Aslam.

 

( Source – PTI )

Rape case: School owner’s son acquitted

Rape case: School owner's son acquitted
Rape case: School owner’s son acquitted

A school owner’s son, who was accused of raping a teacher on the false promise of marriage, has been acquitted by a Delhi court after the woman said that she had lodged a false complaint as she was in a disturbed mental state.

Additional Sessions Judge Virender Bhatt absolved the man, son of the owner of a school in south-west Delhi, of the charge of rape under section 376 of the IPC after the teacher resiled from the allegations she had levelled in the FIR against him.

“It is seen that the prosecutrix has deposed totally contrary to the prosecution case. As per her version, accused has not committed any wrong or illegal act with her. She deposed that she lodged a false complaint against accused as she was in a mentally disturbed state,” the judge noted.

“Resultantly, the accused is liable to be acquitted,” the court said.

According to prosecution, on July 22, 2015, the teacher lodged a complaint alleging that the accused, son of owner of the school she was working in, raped her in the school premises several times and threatened to sack her job if she did not oblige him.

The woman, however, in her deposition in court, turned hostile and said, she lodged a false complaint as she was mentally disturbed and denied the allegations.

( Source – PTI )

HC orders more compensation to rape survivor

HC orders more compensation to rape survivor
HC orders more compensation to rape survivor

The Allahabad High Court today directed Uttar Pradesh government to provide an additional Rs 10 lakh compensation to a minor rape survivor and make arrangements for her free residential education up to degree level and employment thereafter.

The state government had already provided rupees three lakh as compensation.

The court also said that the amount of compensation should be kept as fixed deposit in a nationalised bank, which could be utilised by the minor after attaining the age of 21 year.

It strictly prohibited every one to disclose her identity and past circumstances at any stage.

The court also directed to keep her new-born child in the hospital until the opinion of doctors for discharge.

“Thereafter, the child shall be handed over to the child welfare committee where adoption process may be completed under supervision of “amicus curiae”,” the court said.

A division bench of justice Shabihul Hasnain and justice D K Upadhayaya gave the judgement on a writ petition and an application moved on behalf of minor rape survivor seeking a direction for her betterment and initiating the adoption proceeding of the new-born child as she and her father were not intending to keep the child with them, the amicus curiae senior advocate J N Mathur said.

He also said that he may approach to the court in case any inconvenience arises in this matter as per the court’s order.

The court also directed that the concerned district magistrate and the SP would also look after the minor rape survivor and her family and any NGO may provide help to her, Mathur said.

Earlier, the rape survivor had filed the petition through her father.

The court disposed of the petition.

( Source – PTI )

Driver Sanap gets death

Driver Sanap gets death
Driver Sanap gets death

A special court here today awarded death sentence to driver Chandrabhan Sanap for raping and murdering a 23-year-old software engineer from Andhra Pradesh in the city last year, saying the crime evoked the same reaction as the 2012 Delhi gangrape case case and damaged Mumbai’s image as a safe city for women.

“The case falls under the category of the rarest of rare, hence the accused is awarded death sentence,” said judge Vrushali Joshi of special women’s court. There were no mitigating circumstances in favour of Sanap (29), she said, adding “only the maximum punishment will send the message to the society and also to the similar like-minded persons”.

“To show any leniency… in the case of such a heinous crime to someone who has shown no remorse after exhibiting extreme depraved mentality would be a travesty of justice. “Because of this case security of women is again found (to be) in danger. The girl, who was an engineer working in TCS, staying independently, alighted at LTT railway station, went missing and her body was found in such a horrifying condition to her parents,” the judge noted.

“It created a dent in the belief that Mumbai is still a safe city for women. The fact that at LTT railway station or at any place in Mumbai the young girls are not secure or safe but (can be) subjected to most savage form of rape and murder was shocking to one and all,” the court held. It created a feeling of helplessness among parents, the women, and in every section of the society, it said.

The court further remarked that the “social abhorrence and the national shock” created by Sanap’s crime, which  created a fear psychosis and left a scar on the social order” was comparable to the reaction evoked by the December 2012 Delhi gangrape case.

( Source – PTI )

Youth gets 7 yrs in jail for raping Delhi Police employee

Youth gets 7 yrs in jail for raping Delhi Police employee
Youth gets 7 yrs in jail for raping Delhi Police employee

A 26-year-old youth who repeatedly raped a woman employee of Delhi Police on a false promise of marrying her has been sent to seven years rigorous imprisonment by a court here which relied on the victim’s testimony despite her turning hostile in cross-examination.

“Though prosecutrix, during her cross-examination, resiled and took a U turn from what she had deposed in examination in chief but her such reversal does not falsify or negate her categorical deposition made during examination in chief which has been found to be natural, clear, convincing, reliable and trustworthy,” Additional Sessions Judge M C Gupta said.

The court, while holding Delhi resident Karan Bhasin guilty of rape under section 376 of the IPC, said, “It is well settled that the evidence of a hostile witness, to the extent, it supports the case of the prosecution, can be relied upon, if it is corroborated by other reliable evidence.”

While awarding rigorous jail term to the convict, the court also imposed a fine of Rs 20,000 on him.

“It is well settled that rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be made by the medical officer treating the victim,” it observed.

The court said that Bhasin “failed to elicit” any material or relevant discrepancies or inconsistencies despite victim’s searching cross examination except getting her to resile or take a U turn on one date of hearing.

“Core facts about the committal of crime by accused have remained intact,” it said.

According to prosecution, an FIR was lodged by the police on the complaint of the woman, a class four employee of Delhi Police and a divorcee, that she was repeatedly raped by Bhasin on the false pretext of marriage and he had also made her drink sedative-laced drinks several times before establishing physical relations with her.

The judge, while sentencing the man, cited a Supreme Court observation in a rape case, that “sexual violence is not only an unlawful invasion of right of privacy and sanctity of woman but also a serious blow to her honour.

“It leaves a traumatic and humiliating impression on her conscience, offending her self esteem and dignity. Rape is not only a crime against a woman, but a crime against the entire society.”

The court noted that during the probe, the complainant had given in writing that she did not want to proceed with the FIR and she consented for the physical relation with the accused.

She had also moved the high court for quashing of the FIR, which was denied.

“The conduct of the complainant to mislead the probe agency… has been exposed,” the court said.

 

( Source – PTI )

Uber cab driver convicted of raping 25-yr-old woman executive

Uber cab driver convicted of raping 25-yr-old woman executive
Uber cab driver convicted of raping 25-yr-old woman executive

The special fast track court on Tuesday convicted Uber cab driver Shiv Kumar Yadav – guilty of raping a 25-year-old woman executive in his cab. Additional Sessions Judge Kaveri Baweja held Yadav guilty of rape, endangering a woman’s life and causing grievous bodily harm under the sections of IPC.

The FTC will now hear the arguments on quantum of sentence on October 23. The conviction order comes in the case where the Delhi police had filed the charge sheet 19 days after the incident on the night of December 5 last year when the victim, who worked for a finance company in Gurgaon, was headed home to Delhi’s Inderlok area.

The accused driver Shiv Kumar Yadav was arrested on December 7 from Mathura and is currently in judicial custody. The FTC had earlier framed charges against Yadav for the alleged offences of endangering a woman’s life while raping her, abduction with an intent to compel her for marriage and criminally intimidating and causing hurt.

( Source – PTI )

Rigorous imprisonment for rape and killing woman

Rigorous imprisonment for rape and killing woman
Rigorous imprisonment for rape and killing woman

A person was sentenced to rigorous life imprisonment for raping and killing a woman in Assam’s Kamrup (Rural) district.

Rangiya District and Sessions Judge Dibyajyoti Mahanta yesterday sentenced Dwipen Deka to rigorous life imprisonment and also directed him to pay a fine of Rs 8000 for raping and killing a woman in 2001.

The court further directed three others–Hitesh Bhuyan, Prabin Das and Dipu Talukdar to furnish a bail bond of Rs 10,000 each.

 

( Source – PTI )