Court discharges two men in rape case citing call detail record

New Delhi:A Delhi court has discharged two people in a case of rape and recording a video of the incident, noting that documentary and scientific evidence ruled out the allegations.

Additional Sessions Judge Anu Grover Baliga granted relief to a Haryana resident, accused of rape, and his cousin, who had allegedly recorded video of the act, after their counsel pointed out the call detail records of the accused and other evidence in the case.

Advocate Amit Sahni, appearing for the accused, had submitted before the court that scientific evidence proved the allegations wrong and that no purpose would be served by continuing the proceedings any further in the case.

He added that the main accused was not even present in the national capital on the date of incident as he was attending physical examination for the post of constable in Haryana.

The counsel also pointed out that the FIR in the case was lodged after a long delay and the complainant has refused to undergo medical examination.

The court was also told by police that after inquiries it had emerged that the complainant and her husband “were in the habit of filing false complaints”.

The court discharged the accused, saying that in view of the evidence in the case, “there is no grave suspicion arising against the accused persons to frame charge against them”.

The police had not arrested the accused during the probe.

The complainant had claimed that the accused had raped her after giving her an intoxicant in July, 2016 in Dhaula Kuan area and his cousin had a made video o

Court discharges two men in rape case citing call detail record

New Delhi:A Delhi court has discharged two people in a case of rape and recording a video of the incident, noting that documentary and scientific evidence ruled out the allegations.

Additional Sessions Judge Anu Grover Baliga granted relief to a Haryana resident, accused of rape, and his cousin, who had allegedly recorded video of the act, after their counsel pointed out the call detail records of the accused and other evidence in the case.

Advocate Amit Sahni, appearing for the accused, had submitted before the court that scientific evidence proved the allegations wrong and that no purpose would be served by continuing the proceedings any further in the case.

He added that the main accused was not even present in the national capital on the date of incident as he was attending physical examination for the post of constable in Haryana.

The counsel also pointed out that the FIR in the case was lodged after a long delay and the complainant has refused to undergo medical examination.

The court was also told by police that after inquiries it had emerged that the complainant and her husband “were in the habit of filing false complaints”.

The court discharged the accused, saying that in view of the evidence in the case, “there is no grave suspicion arising against the accused persons to frame charge against them”.

The police had not arrested the accused during the probe.

The complainant had claimed that the accused had raped her after giving her an intoxicant in July, 2016 in Dhaula Kuan area and his cousin had a made video of the act when her husband was lodged in Tihar central jail in a theft case.

Rape case: SC relief to film maker, acquittal upheld

 ‘Peepli Live’ co-director Mahmood Farooqui today got a major relief from the Supreme Court which dismissed an American woman’s plea challenging a Delhi High Court verdict acquitting him in a rape case.

The top court said they were “good friends” and she had even expressed her “love” to him after the alleged incident.

It also said the woman appeared to have responded in a “positive manner” when they had met on the day of alleged incident and it was a case of “relationship” in which they have known each other.

The apex court referred to the e-mail communications between the 30-year-old woman and Farooqui and asked her counsel how could the woman say “I love you” in her mail to the accused after the alleged 2015 incident, which she later termed as rape.

A bench comprising Justices S A Bobde and L Nageswara Rao observed that the high court’s verdict of September 25 last year acquitting Farooqui was a “well written judgement” warranting no interference.

“We are not satisfied (with her arguments). We will not interfere with the high court verdict. It is a well-written judgement,” the bench told advocate Vrinda Grover, who was representing the woman.

Farooqui was earlier convicted and sentenced to 7-year jail term by a trial court here in August 2016. However, the high court had acquitted him in the case last year.

The Delhi Police had on June 19, 2015, lodged an FIR against Farooqui on the woman’s complaint.

The police had filed a charge sheet against him alleging he had raped the research scholar from Columbia University at his Sukhdev Vihar house in South Delhi on March 28, 2015.

Farooqui had denied all the allegations.

During the hearing, the top court asked her counsel, “How many rape cases you have gone through where the prosecutrix (woman) has said ‘I love you’ to the alleged accused much after the alleged incident.”

However, Grover told the bench that the matter related to “forced oral sex” and the woman had not given her consent.

She said that the argument of alleged consensual relation was advanced by Farooqui’s lawyer before the high court for the first time and claimed that this issue was not raised before the lower court during the trial.

But the bench observed that it was not a case where strangers came, met and did something as both Farooqui and the woman were known to each other.

“It is a case of relationship. They were known to each other,” the bench said, adding, “This is a very hard case. We would like to say that it has been decided extremely well (by the high court). It is not a case which can be decided easily”.

When the counsel said both the woman and Farooqui were known to each other, the bench asked, “according to her evidence, they had drinks together. The point is they knew each other, had drinks together and did many other things together”.

Referring to the high court’s verdict, Grover said the judgement said she was a “sterling witness” and the issue was of consent. She also argued that the woman had said ‘no’ to Farooqui’s advance towards her.

“But initially ‘yes’. There appeared to be a positive response by her which according to her was faked. People give false smiles. How would the other person know it is a false response. This is very difficult to understand,” the bench said, adding that the high court had also observed that it was not reflected that she was saying ‘no’.

However, her counsel claimed in the court that during the alleged incident, the woman was afraid that “something bad” would happen with her as he had become forcefull.

The bench then referred to the e-mail exchanged between the woman and Farooqui and said the records showed they were very good friends.

The court also asked the counsel as to how many times the woman had visited Farooqui’s house and had drinks together.

It, however, clarified that the top court was not at all saying that if somebody visits the house of another regularly, then such act amounts to waiver of right to be protected against offence like rape.

The court also referred to a document in which the woman had said that she and Farooqui had exchanged kiss. “This does not happen between friends,” the bench said.

The lawyer said it was prior to the alleged incident and added, “consent must be appreciated in terms of the incident in question and not prior intimacy”.

She also argued that “refusal was clear in this case”.

The bench, while dismissing the plea, said it was not satisfied and would not interfere with the high court’s judgement and no question of law was involved in the matter.

The high court had acquitted Farooqui saying it remained doubtful whether any such incident took place. It had asked Tihar jail authorities to release Farooqui who was in custody following the trial court’s order.

The high court had said in the order that “the testimony of the victim is not reliable and there are discrepancies.”

The high court had, however, brushed aside her contention and noted that “what the appellant has been communicated is, even though wrongly and mistakenly, that the prosecutrix is okay with it and has participated in the act.”

The trial court, which on July 30, 2016 had held Farooqui guilty of raping the woman in 2015 in a drunken state, had also imposed a fine of Rs 50,000 on him.

HC dismisses Tejpal plea seeking quashing of rape, other charges

HC dismisses Tejpal plea seeking quashing of rape, other charges
HC dismisses Tejpal plea seeking quashing of rape, other charges

The High Court of Bombay at Goa today dismissed a petition filed by Tehelka’s former editor- in-chief Tarun Tejpal seeking the quashing of rape and other charges levelled against him by a former woman colleague.

Justice Nutan Sardesai dismissed the petition filed by Tejpal, who is accused of raping the woman during an event in Goa in 2013.

The detailed order is expected to be pronounced later in the day.

The district court in Mapusa town had earlier framed charges against Tejpal under IPC sections 354-A (sexual harassment), 376 (rape) and 376(2)(k) (rape of a woman by a person being in tge position of control or dominance over the woman), and initiated a trial last month.

The crime branch later added to the case IPC sections 341 (wrongful restraint) and 342 (wrongful confinement), 376 (2) (f) (person in the position of trust or authority over women, committing rape of such women), 376 C (sexual intercourse by person in authority) and 354 (assault or criminal force to a woman with intent to outrage her modesty).

“The detailed copy of the order, by which our petition has been dismissed, is not with us so we are not able to know on which ground it was rejected,” lawyer Pramodkumar Dubey, who represented Tejpal in the high court, told PTI.

Senior lawyer Aman Lekhi, who argued on behalf of Tejpal in the HC on December 12, had then presented before it CCTV footage of the area outside the lift of a five-star hotel, where he is alleged to have sexually assaulted the woman.

Public prosecutor Saresh Lotlikar earlier said the trial court (district court) had come to the conclusion that a “primary case” had been made out as charges had been framed.

He said the charges against the accused should not be dismissed without a trial in the case.

( Source – PTI )

Verdict in Dalit woman rape-murder case today

Verdict in Dalit woman rape-murder case today
Verdict in Dalit woman rape-murder case today

A court here is set to pronounce tomorrow the verdict in the case related to sensational rape and murder of a Dalit woman which was in focus during the campaign for the Kerala Assembly elections last year.

Ernakulam Principal Sessions Court had on December 6 completed the hearing in the case and posted it for tomorrow for pronouncement of judgement.

Muhammed Ameerul Islam, a migrant labourer from Assam and the lone accused in the case, has been charged with brutally raping and murdering the 30-year old woman, a law student, at nearby Perumbavoor on April 28, 2016.

He was booked under various sections of the Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules.

As many as 100 witnesses were examined during the trial which commenced in April last. The prosecution has described it as a rarest of rare case.

The mother of the victim today expressed hope that justice will be delivered in the case. She demanded capital punishment for the accused.

Islam, who had left Perumbavoor soon after allegedly committing the crime, was arrested from Kancheepuram in neighbouring Tamil Nadu, 50 days after the gruesome incident.

The woman, who hailed from a poor family, was raped and brutally assaulted using sharp-edged weapons before being murdered at her house.

The incident was in focus during the state assembly polls campaign last year with political parties attacking the then Congress-led UDF regime for tardy progress in the probe and failure to nab culprits.

The LDF government, after assuming power on May 25 last year, changed the investigation team and entrusted the probe to ADGP B Sandhya in its first cabinet meeting itself.

More than 100 police personnel had questioned over 1,500 people. Finger prints of over 5,000 people were also examined by the SIT personnel who went through over 20 lakh telephonic conversations before reaching Islam.

Police have said a blood stained footwear found from a canal near the victim’s house was one of the key evidence in identifying the culprit.

( Source – PTI )

Man gets 14 years in jail for raping 8-year old neighbour girl

Man gets 14 years in jail for raping 8-year old neighbour girl
Man gets 14 years in jail for raping 8-year old neighbour girl

A Delhi court has sent a 40- year old man to jail for 14 years for raping an 8-year old girl, saying such people had perverted minds, carried “animal streak” who would ravish anyone.

Asserting that they should be dealt with firmly, Additional Sessions Judge Seema Maini, while awarding rigorous imprisonment to north Delhi resident Rajvinder Singh , said the victim was of tender years and “her suffering at the hands of the convict cannot be expressed in words.”

The victim “has been left to lead a life devoid of life,” the judge said in her verdict, adding that such victims “lose interest in life” and develop misandry, hating men all their lives and losing faith and trust in all relationships.

The court also imposed a fine of Rs 20,000 on the convict to be given to the victim child, who would also be given Rs three lakh as compensation as per the provisions under the Protection of Children from Sexual Offences (POCSO) Act.

“It needs to be kept in mind that a penetrative sexual assault/rape are offences, which are the outcome of perverted and evil minds of people who not just lack sensitivity and emotions but are carriers of animal streak in them, who ravish anyone who comes in their sight … irrespective of the victim’s age and circumstance. Such sexual offences have far reaching ramifications,” the court said.

According to the complaint, Singh, a neighbour of the victim had on August 18, 2014, taken the girl to his house and raped her.

Singh claimed that being a neighbour, the victim’s parents often quarrelled with him due to which he has been falsely implicated in the case. He also sought leniency saying his wife had expired and has to take care of his four minor children.

Dismissing his contention as flimsy, the court said “such an offence having been committed with the child, makes it imperative that the offender is dealt with a firm hand and the mitigating circumstances of the convict cannot be given precedence over the pain, suffering and trauma of the victim child.

( Source – PTI )

Delhi court acquits man of cheating, raping woman

Delhi court acquits man of cheating, raping woman
Delhi court acquits man of cheating, raping woman

A Delhi court has acquitted a man of the charge of raping and deceitfully marrying a woman he met through a matrimonial website after she failed to support the prosecution case.

Additional Sessions Judge Sanjiv Jain absolved the man of the charges of rape, unnatural sex and concealing his first marriage, observing that the complainant did not want to pursue the matter or want any action against him as they had reached a settlement.

“In the instant case, the star witnesses were the prosecutrix and her father. They did not support prosecution case in any manner. They did not say anything incriminating against the accused,” the judge said.

According to the prosecution, the woman and her father had lodged a complaint on June 7 alleging that the accused, whom she had met through a matrimonial website, deceitfully married her by claiming he was divorced and forcefully established physical relations with her.

It alleged that the man forced the woman, who had left her job in Dubai and returned to India to marry the accused, for unnatural sex at a hotel here.

She married him at a temple here but later found out that he was not divorced and lodged the complaint against him, it said.

The court, however, noted that her testimony revealed that they neither had any sexual relation before or after the marriage nor did she live with the accused.

“She has stated that she has settled the matter and she does not want any action against the accused,” it said.

An FIR was lodged against the accused for the offences under sections 376 (rape), 377 (unnatural sex) and 493 (cohabitation by a man deceitfully inducing a belief of lawful marriage) of the IPC.

The man’s statement was dispensed with as there was no incriminating evidence against him.

( Source – PTI )

SC to decide on early hearing of Asaram’s bail pleaSC to decide on early hearing of Asaram’s bail plea

SC to decide on early hearing of Asaram's bail pleaSC to decide on early hearing of Asaram's bail plea
SC to decide on early hearing of Asaram’s bail pleaSC to decide on early hearing of Asaram’s bail plea

The Supreme Court today said it will decide on self-styled preacher Asaram’s plea for early hearing of his bail application in an alleged rape case lodged in Gujarat.

“I will see to it,” Chief Justice Dipak Misra, heading a bench of Justices A M Khanwilkar and D Y Chandrachud, said when counsel for Asaram said the hearing on the bail plea was earlier fixed after the Diwali vacation, but now it is shown listed on January 4 next year.

On October 26, the apex court had referred the matter to the Chief Justice’s bench after Asaram’s counsel had told the court that trial proceedings before the lower court in Gujarat was getting delayed and recording of evidence of prosecution witnesses was not yet complete.

The court had in August expressed anguish over the tardy pace of progress in the case and had asked the Gujarat government to file a progress report on it, asking it why the alleged victim had not been examined.

The top court had earlier rejected several bail pleas filed by Asaram.

The Gujarat government had told the court that two crucial witnesses were killed while one was missing and 17 others were injured in separate incidents of alleged attacks.

It had said that there were 92 material witnesses in the case.

On April 12, the apex court had asked the Gujarat trial court to expedite the recording of evidence of prosecution witnesses in the case lodged by two Surat-based sisters.

The two sisters had lodged separate complaints against Asaram and his son Narayan Sai, accusing them of rape and illegal confinement among other charges.

The elder sister, in her complaint against Asaram, had accused him of repeated sexual assaults between 2001 and 2006 when she was staying at his ashram near Ahmedabad.

Asaram and his son have denied all the allegations against them.

Asaram, who is also facing a separate case in Rajasthan, was arrested by the Jodhpur Police on August 31, 2013 and has been in jail since then.

( Source – PTI )

Judicial remand of IGP,7 cops in custodial death case extended

Judicial remand of IGP,7 cops in custodial death case extended
Judicial remand of IGP,7 cops in custodial death case extended

A special CBI court today extended up to October 23 the judicial remand of Inspector General of Police (IGP) Z H Zaidi, Deputy Superintendent of Police (DSP) Manoj Joshi and six other policemen in the case of custodial death of an accused in the rape-and-murder of a teenage girl in Kotkhai in Himachal Pradesh.

The accused were produced in the court through video- conferencing and the CBI judge extended their remand.

Zaidi, the then Theog DSP Joshi, the then Staton House Officer of Kotkhai, one Assistant Sub-Inspector, three head constables and one constable were arrested by the CBI on August 29.

The judicial remand of the accused was extended for the fourth time today as the CBI did not file the charge sheet.

The CBI also conducted narco test on the accused, but the report was awaited.

Suraj Singh, an accused in the rape-and-murder case, was killed allegedly by another accused in the case at Kotkhai police station on the intervening night of July 18 and 19, triggering a massive public outrage.

Suraj Singh, a 29-year-old labourer from Nepal, was among six people arrested by the local police.

Zaidi was heading a Special Investigation Team (SIT) probing the case of rape-and-murder of the minor school girl in Kotkhai area of Shimla in early July.

The case was later transferred to the CBI on the orders of the Himachal Pradesh High Court.

The Class X student had gone missing on July 4 and her naked body was recovered from Haliala forests in Kotkhai on July 6.

( Source – PTI )

Langah surrenders before Gurdaspur court

Langah surrenders before Gurdaspur court
Langah surrenders before Gurdaspur court

Former Akali minister Sucha Singh Langah, who had been on the run after a rape case was registered against him, today surrendered before the district court here.

Punjab Police had been conducting raids to trace him.

“He (Langah) surrendered today in the district court here,” Gurdaspur SSP Harcharan Singh Bhullar said.

Langah was booked by the police on the night of September 28 after a woman gave a complaint that the Akali leader had allegedly been raping her repeatedly since 2009.

Police had booked Langah under Sections 376 (rape), 384 (extortion), 420 (cheating) and 506 (criminal intimidation) of the IPC.

The victim had also given a video clip in pen drive to the police to support her accusations.

Yesterday, he had moved the Punjab and Haryana High court seeking anticipatory bail.

On October 2, the Chandigarh district court had rejected the application of Langah for surrender in connection with the rape case registered against him by Gurdaspur police.

Langah had dubbed the rape case lodged against him as “false” and accused a Congress MLA of getting him booked.

Langah had also termed the complaint as a “classic example of political vendetta.

The Shiromani Akali Dal (SAD) had accepted the resignation of party core committee member Langah from all party posts.

( Source – PTI )