Gangrape case: Supreme Court defers hearing over counsel row

A day after two lawyers appeared before the Supreme Court claiming to represent one of the six accused in the December 16 gangrape case, the sessions Judge has been asked by the court conducting the trial to find out who the actual counsel was and if he wanted to pursue the case for transferring the trial to a court outside Delhi.

A bench headed by chief justice Altamas Kabir adjourned the hearing after the advocates indulged in verbal dual and began making claims and counterclaims for representing accused Mukesh. Refusing to hear the case, the sessions judge has been asked by the Supreme Court bench to find out who the accused’s actual counsel was.

As soon as advocate ML Sharma, who claimed to have filed the plea on behalf of accused Mukesh to seek transfer of trial to Mathura in UP on the ground of prejudice and charged atmosphere, started arguments, another lawyer VK Anand objected saying Sharma was no more associated with the case.

It was then that the Supreme Court bench asked the advocate-on-record to appear before it at noon to find out the truth. When the matter was again taken up after lunch, Anand did a U-turn, saying he has been authorised by the accused to represent him only in the trial court.

Sharma then alleged that Mukesh is being tortured by the police and Anand was trying to create hindrance in hearing of the transfer plea in the gangrape case in which arguments on charges will commence from Thursday.

The court then directed the sessions judge to talk to Mukesh and find out the truth behind these allegations and posted the matter for hearing on January 30.

Mukesh, who along with four others, has been charged with murder, gangrape and unnatural offences, has alleged that in view of regular agitations, police and judicial officials are under pressure to pass orders according to the demands of the agitators and hence, a fair hearing is not possible. “The sentiment has gone into the root of each home in Delhi by which even the judicial officers and the state are not spared and in these circumstances, he cannot get justice in Delhi at all,” Mukesh’s plea said.

Besides Mukesh, bus driver Ram Singh, Pawan Gupta, Vinay Sharma and Akshay Thakur, have been charged with offences of murder, gangrape, attempt to murder, kidnapping, unnatural offences, dacoity, hurting in committing robbery, destruction of evidence, criminal conspiracy and common intention under IPC. Their sixth accomplice is a juvenile and is being tried separately before the Juvenile Justice Board.

Youth gets 7 yrs jail for raping 55-yr-old woman

A youth has been sent to jail for seven years for raping a 55-year-old woman two years ago by a Delhi court which said his crime has the potential to affect the entire society.
District Judge PS Teji sentenced Delhi resident Arvind to seven years rigorous imprisonment and also imposed a fine of Rs 10,000 upon him, observing that the punishment must have a deterrent effect as he has raped an “aged” woman.

“In Indian society, a woman normally does not come forward to report the assault on her chastity. Rape does not only cause physical injury to a girl or woman, but also tarnishes her mental strength to a great extent. The social impact of the crime committed by Arvind has the potential to affect the entire society,” the court said.

The victim had come from Bihar to Delhi in March 2011 to stay with her two married sons for few days, said the prosecution adding Arvind had raped her when she was sleeping in the staircase of the building.

He gagged his mouth and forcibly took her to the roof of the building, where his sons as well as the accused were residing, and raped her, it said.

Due to fear, she did not disclose the incident to her sons in the night but in the morning when she felt uneasy, she informed her sons about Arvind’s act, the police said.

She was taken to a hospital and a case was registered against the accused.

The accused claimed innocence saying he was falsely implicated in the case as he had a quarrel with the woman’s sons few days before the incident.

The court, however, rejected his submission saying for a woman of 55 years age and that too mother of two married sons, it would be difficult to presume that she would level any false allegation of rape against an innocent person.

According to the judge “Unless an offence has really been committed, the woman would be extremely reluctant even to admit any such incident had taken place which is likely to reflect on her chastity… It would indeed be difficult for her to survive in Indian society which is, of course, not as forward looking as the western countries are.”

PTI

Delhi Gang rape victim a 23 year old girl has got dead in Singapore

Delhi Gang rape victim a 23 year old girl has got dead in Mount Elizabeth Hospital here in Singapore early this morning.

The victim was brutally gang raped and assaulted in Delhi.

The girl, who was admitted to the well-known multi-organ transplant facility in Mount Elizabeth Hospital on Thursday morning in an extremely critical condition, breathed her last at 4:45 AM (2:15 AM India time).

She was earlier treated at the Safdarjung Hospital in Delhi. “We are very sad to report that the patient passed away peacefully at 4.45am on 29 Dec 2012 (Singapore time),” the hospital’s chief executive officer Dr Kelvin Loh said in a statement.

“Her family and officials from the High Commission of India were by her side. The Mount Elizabeth Hospital team of doctors, nurses and staff join her family in mourning her loss,” the statement said. The body has been moved to the mortuary in the Singapore General Hospital and will be flown back to India by a chartered plane.

Accompanied by her family, the body is expected to arrive in Delhi in the night. President Pranab Mukherjee, Prime Minister Manmohan Singh and a host of political leaders condoled the death of the girl and paid rich tributes to the victim of the sexual assault for her brave fight. The girl was raped and brutally assaulted in a moving bus by six men in Delhi on December 16 and thrown out along with her companion.

Indian High Commissioner T C A Raghavan told that the family was yet to decide on the plans for the last rites back home. He said the girl fought a brave battle till the end. She was brought to Singapore for being provided good medical treatment.

Rape biggest crime trend in India

Rape which has become a characteristic of metro cities and especially of Delhi, is the biggest crime trend in India.

Rape has seen the maximum rise among all the total cognizable crimes in the country recorded under the Indian Penal Code between 1953 to 2011, according to the latest data by National Crime Trend Bureau (NCRB) – the statistical wing of Indian Police under ministry of home affairs (MHA).

With 24,206 cases in 2011, rape cases  jumped to incredible increase of 873 % from 1971 when the oldest case of rape was first recorded by NCRB. Even in 1971, there were 2043 cases of rape, the NCRB report said.

The NCRB had started collecting data on rape cases only from 1971 while other cognizable crimes have been chronicled from 1953.

Among all the states, Madhya Pradesh has emerged as the rape capital of India with 3406 cases involving this heinous crime – the highest in the country.

West Bengal, the state known more for its rich literary heritage, ranks second with 2363 rape cases.

Uttar Pradesh and Rajasthan follow next with 2042 and 1800 cases.

Among the union territories, Delhi with rising incidence of such cases reported in the NCR region ranked one with 507 cases whereas Mumbai reported 117 cases of rape in 2011.

In 2011, there were 9398 cases of rape involving children. Kidnapping and abduction was the second biggest crime in the country with a rise of 749 % as compared with the data chronicled in 1953.

Murder and riots followed next increasing by 250 % and 233 % respectively. Incidence of dacoity, burglary and house breaking, however, showed the most declining trend over a period of 59 years.