Man gets 3-yr rigorous imprisonment for molesting minor girl

Man gets 3-yr rigorous imprisonment for molesting minor girl
Man gets 3-yr rigorous imprisonment for molesting minor girl

A Thane district court has awarded three years’ rigorous imprisonment to a 34-year-old man for molesting a 15-year-old girl in his neighbourhood.

District judge and special designated judge for cases under POCSO Act, P R Kadam, held the accused — Mavji Lalji Verat — guilty under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 342 (wrongful confinement) and 452 (house-trespass after preparation for hurt, assault or wrongful restraint).

The judge also held the man guilty under relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act, while pronouncing the punishment to him along with a fine of Rs 21,000.

Special prosecutor Rekha Hiwrale told the court that the victim, residing at the home of a relative and the accused were neighbours in Airoli township of Navi Mumbai in the district.

On March 4, 2015 the girl’s relatives left for Gujarat to celebrate the Holi festival while leaving her in the care of the family of the accused.

On March 5, the man entered the girl’s house when she was alone and asked for some water to drink. The girl gave him water and returned to the kitchen to arrange utensils. But, the man followed her there and touched her inappropriately.

The girl then pushed him aside and rushed out of the house to save herself. She also reported the matter to a relative following which her parents came to the place and filed a complaint against the accused, Hiwrale said.

The accused pleaded not guilty while stating that he was falsely roped in the case because of a financial dispute with the complainant.

The defence argued that the victim did not make a hue and cry when the incident occurred and did not inform immediately about it to anyone.

However, Judge Kadam said, “I do not find substance in this submission. The court cannot overlook the situation in which the minor girl was. She managed to escape from the hands of the accused and came out of the house immediately.

Thereafter, the accused went away on his motorcycle.”

The judge also noted that the girl immediately called her uncle asking him not to allow the man in their house and that she will inform him in detail about the incident on his return.

“What else is expected in this situation from a 15-year-old girl. Is she expected to communicate the humiliating incident to all neighbours by making a loud hue and cry when she came out of danger? Certainly not,” the judge said.

He held that the prosecution had successfully proved all charges against the accused, while pronouncing the order on December 11.

( Source – PTI )

Plumber sentenced to life imprisonment for killing woman

Plumber sentenced to life imprisonment for killing woman
Plumber sentenced to life imprisonment for killing woman

A court in neighbouring Palghar district has awarded life imprisonment to a 30-year-old man for killing a housewife after robbing her of her valuables in 2013.

Additional Sessions Judge M P Divate of the Vasai court yesterday awarded the punishment to Devendra Ramchandar Mishra, a plumber, after pronouncing him guilty under IPC sections 302 (murder), 396 (dacoity with murder) and 201 (causing disappearance of evidence of offence).

The judge also imposed a fine of Rs 5,000 on him.

Prosecutor Ujwala Moholkar told the court that the victim, Anjana Rajiv Shinde (35), and her husband had bought a flat at Nariya Nagar in Nala Sopara area of Palghar district.

The flat required some plumbing work for which the accused was called.

On January 23, 2013, Mishra, on the pretext of carrying out the plumbing work, entered into the bathroom of the apartment. He then dragged the victim into the bathroom and attacked her with a hard and blunt object, killing her on the spot.

The accused later dragged the body into the flat’s living room and fled after taking away the woman’s mobile phone and jewellery.

The case rested on circumstantial evidence and the prosecution argued that the motive behind the murder was robbery.

The blood stains on the clothes of the accused matched with that of the victim and the stolen items were also recovered from the him, according to the prosecution.

( Source – PTI )

Five tried in murder case acquitted for lack of evidence

Five tried in murder case acquitted for lack of evidence
Five tried in murder case acquitted for lack of evidence

A Thane district court has acquitted five persons in a murder case for want of sufficient evidence against them.

According to the prosecution, on August 22, 2014, the five persons, all in their 20s, allegedly robbed a 26-year-old cloth seller of his money and one of them stabbed him with a pair of scissors in Bhayander township of the district.

The victim was rushed to a hospital but succumbed to injuries on the way.

Subsequently, the five persons, all labourers hailing from UttarPradesh and Bihar and staying in Bhayander here, were arrested and booked under IPC sections 302 (murder), 396 (dacoity with murder) and 34 (acts done by several persons in furtherance of common intention).

Their counsel denied their involvement in the offence.

After hearing both the sides, district judge V V Bambarde observed that the identification parade of the accused was conducted after around three months of the date of incident.

So, the identification of accused in jail and in the court by witnesses is not reliable, he said.

The counsel for the accused also pointed at the delay in recording the statements of witnesses.

The pair of scissors was recovered from a public toilet, which is accessible to everyone, and there is a mismatch between the blood found on the tool and that of the deceased, the judge noted.

The blood on the clothes of one of the accused also does not match with that of the deceased, he said.

So, the prosecution failed to establish beyond reasonable doubt that the accused are the same persons who had killed the man, the judge observed.

Besides, it is not established by prosecution that the accused robbed the man and in doing so committed the murder, he said while acquitting all the five men recently.

( Source – PTI )

Calling woman “chammakchallo” amounts to insulting her modesty

Calling woman "chammakchallo" amounts to insulting her modesty
Calling woman “chammakchallo” amounts to insulting her modesty

The use of the Hindi word “chhammakchhallo” may seem cool in a Bollywood song, but its use in real life can land you in legal trouble.

A court in Thane has held that the use of the word amounts to “insulting a woman’s modesty”.

Incidentally, the word was part of a hit song in the Shah Rukh Khan-starrer “Ra.one” RPT “Ra.One”.

A magistrate last week sentenced a city resident to simple imprisonment “till the court rises” for the offence and imposed a fine of Rs 1 on him.

One of accused’s neighbours had dragged him to the court.

According to the woman’s complaint, on January 9, 2009, while returning from a morning walk with her husband, she stumbled on a garbage bin which the accused had kept on the staircase.

The accused yelled at the couple, and, among other things, called the woman “chhammakchhallo”.

Finding it very offensive, the woman approached police, but the police refused to register a complaint. So she moved the court.

Eight years later, Judicial Magistrate R T Ingale upheld her case, saying that the accused had indeed committed an offence under section 509 of IPC (word, gesture or act intended to insult the modesty of a woman).

“It is a Hindi word. There is no word for it in English.

The said word is to be understood in the Indian society by its use. Generally this word is used to insult a woman. It is not a word for appreciating….it causes irritation and anger to any woman,” the magistrate said in his order.

( Source – PTI )

Man gets five years RI for sexually assaulting minor girl

Man gets five years RI for sexually assaulting minor girl
Man gets five years RI for sexually assaulting minor girl

A Thane court has sentenced a 26-year-old man in Navi Mumbai to rigorous imprisonment for five years for sexually assaulting a minor girl in her home.

Thane District and Special Judge Ashutosh N Karmarkar last week convicted the man under The Protection of Children from Sexual Offences (POCSO) Act sections 7 and 9 (m) (sexual assault on a child below 12 years).

According to the prosecution, the girl, who was 10 and studying in Class 5, was alone at home in Navi Mumbai’s Pavane village when she was assaulted by the man on December 6, 2014.

The girl had gone out to fetch some water. When she returned home, the accused, who lived in the same neighbourhood, followed her inside and touched her inappropriately.

When the girl resisted, he pushed her to the ground.

As she raised an alarm, the man ran away, prosecutor Sanjay Londhe submitted before the court.

The girl informed her mother about the incident when the latter came from work that evening.

Subsequently, the girl’s mother lodged a police complaint.

According to the prosecutor, the evidence of the victim showed there was sexual intent on the part of the accused. Also, there were marks on her chest. The medical certificate also supports her story, he said.

The accused, in his defence, argued that the girl’s mother had a dispute over water with one of his relatives.

He said he had attempted to settle the argument because of which the girl’s mother was trying implicate him with a false allegation.

The accused also urged the court to take a lenient view saying he was poor and the only earning member in his family, with his wife and widowed mother being dependent on him.

In his order, the judge noted that the act of the accused to enter the girl’s house when she was alone and to touch her inappropriately showed it was committed with sexual intent.

The court also convicted the man under IPC section 354 A (1)(ii) (sexual harassment) and awarded rigorous imprisonment for another three months under it.

Both the sentences are to run concurrently.

( Source – PTI )

Bombay HC seeks govt stand on hutments over tunnel in Thane

Bombay HC seeks govt stand on hutments over tunnel in Thane
Bombay HC seeks govt stand on hutments over tunnel in Thane

The Bombay High Court today sought to know the Maharashtra government’s stand on rehabilitation of people living in over 200 shanties which pose a risk to a tunnel on the Central Railway line in neighbouring Thane district and said the hutments need to be removed.

A division bench of justices A S Oka and Vibha Kankanwadi raised concerns over the danger that the hutments pose, considering the upcoming monsoon season.

“This is a very serious and important issue. In order to avoid any untoward incident like landslides which will not only put the lives of the hutment dwellers in danger but also the railway passengers, it is necessary to remove the hutments immediately,” Justice Oka said.

The court was hearing an application filed by Central Railway seeking it to vacate a July 2016 order of the high court granting stay on eviction of the hutments.

Last June, post a landslide in the area, the Thane Municipal Corporation had issued eviction notices to the shanties on and around the Parsik tunnel at Mumbra in Thane.

The tunnel that cuts right through the Parsik hill is an important link for the Central Railway’s suburban and long distance lines.

The dwellers had then approached the high court which stayed the eviction notice and asked the Thane civic body to first work out a rehabilitation scheme for the hutment dwellers.

The Thane civic body later told the court that it was ready to rehabilitate only those persons whose hutments fall under its jurisdiction.

According to the TMC, some of the hutments fall under the jurisdiction of the state forest department and Central Railway.

The high court today directed the state government’s forest department to clarify its stand by June 13 on rehabilitation of the dwellers.

( Source – PTI )

Mother-son get jail term in rape case

Mother-son get jail term in rape case
Mother-son get jail term in rape case

A local court has sentenced a 24-year-old man to 15 years’ rigorous imprisonment for raping a minor girl and awarded ten years’ jail term to his mother for abetting the crime.

District judge Mridula V K Bhatia convicted Sushant Dubey, owner of a driving school here, and his mother Mamata Dubey on Monday.

Sushant was convicted under section 376 of IPC (rape) and relevant sections of Protection of Children from Sexual Offences Act (POCSO). His mother was convicted under section 17 of POCSO Act (abetment).

Prosecutor S E Phad said the victim, who was 15 years old, and her elder sister worked at Dubey’s driving school.

In March 2013, Mamata requested the victim’s mother to send the girl to live with them and help her with household work as she was unwell.

A few days later, Sushant raped the girl when she was alone at home. When she told Mamata about the incident, she told the victim that she would ensure that he married her, the prosecution said.

Subsequently, Sushant raped the victim on several occasions, and his mother threatened to kill her if she disclosed this to anyone.

The judge upheld the prosecution’s case and noted that an offence like rape has “serious repercussions on the psychological well-being of the victim”.

( Source- PTI )

Thane man gets no relief in passport goof up case

Thane man gets no relief in passport goof up case
Thane man gets no relief in passport goof up case

A local resident, who was “deported” from Bangkok while on a family vacation in 2007 due to an alleged goof-up by passport authorities, failed to get relief from Thane Consumer Forum which disposed of his complaint on the ground that the matter involves recording of evidences and submission of proofs.

In its recent order the forum chaired by President Sneha Mhatre and members N D Kadam and Madhuri Vishwarupe observed that the matter cannot be decided summarily as it involved recording of evidences and directed complainant Ashish Vaidya to approach appropriate court with his case.

In his complaint Vaidya, a resident of Thane had filed the case against the Ministry of External Affairs through the Thane Passport Superintendent for “sufferings” caused during the Bangkok tour, which he could not complete due to the alleged goof up of the passport office.

Vaidya contended that he was issued a passport for a period starting from January 13, 1998 till January 12, 2018.

When he along with his family undertook a trip to Bangkok on October 22, 2007 during the immigration check it was noticed that there was an overwriting on the passport in the expiry date section. The date printed was 2008 and over it was written as 2018.

The figure ‘1’ was manually written in place of ‘0’ in the passport. The immigration officials sought an explanation from Vaidya and only after they got it in writing from him that he had not written the same, allowed him to undertake the trip, says the complaint filed by Vaidya.

However, at the Bangkok airport immigration officials verified online details of the passport and it was revealed that the expiry date was 2008 and not 2018.

“The passport office rectified the expiry date by manually changing it from 2008 to 2018, but failed to make the necessary changes in their system,” pointed out Vaidya’s complaint.

Upon this they did not allow him to enter the country and deported him to India.

( Source – PTI )

MACT-Thane awards Rs 55.17 lakhs to Kalyan family

MACT-Thane awards Rs 55.17 lakhs to Kalyan family
MACT-Thane awards Rs 55.17 lakhs to Kalyan family

The family of a senior company manager, who was mowed down by a tanker, has been awarded compensation of Rs 55.17 lakhs for the accident that took place on Shilphata-Mahape road in 2014.

The family of the deceased staying at Khadakpada in Kalyan, includes his wife, two children and parents.

The President of Motor Accidents Claims Tribunal (MACT) and Principal District Judge S M Gavhane ordered that the owner of a tanker and the National Insurance Company Ltd, should jointly and severally make the payment to the claimants with 9 per cent interest till the realisation of the amount.

The claimants Kavita Patil (40), Shruti Patil (16), Aalekh Patil (6), Govind Patil (73)and Prabhavati Patil (58) in their application stated that the deceased Rajesh Patil (45) was serving as Deputy Manager with a private firm and drawing a salary of Rs 30,000 per month.

On the morning of May 8, 2014 he was travelling as a pillion rider with his friend on the motorcycle from Kalyan to Rabale when a car travelling in front suddenly stopped and as a result the bike skidded and both of them fell on the road, the application mentioned.

The tanker coming from behind ran over the deceased who suffered severe injuries on leg and was later treated at four different hospitals. He succumbed to injuries at Nair hospital on August 14, 2014, counsel for the claimants S K Nawadkar told the tribunal.

She informed that the family incurred an expense of Rs 6 lakh on medical treatment and Rs 1.5 lakh on conveyance, funeral and other religious rites of the deceased.

The owner of the tanker did not contest the case.

However, the insurance company challenged the matter.

The judge after hearing both the parties held that the tanker driver was at fault and ordered compensation payment to the family members.

The compensation of Rs 55.17 lakhs included Rs 49,63,560 towards loss of dependency, Rs 1 lakh each towards loss of consortium, and care and guidance, Rs 25,000 towards funeral expenses and Rs 3,28,851 towards hospital and medical expenses.

The court ordered payment of Rs 8 lakh to each of the claimants by way of investment in fixed deposits. As regards the two children the money will be kept in the FD with their mother as the guardian.

Out of the balance amount Rs 4 lakh each to be paid to the parents and the remaining balance to be paid to the widow, the tribunal said in the order.

( Source – PTI )

Kin of man killed in mishap get Rs 21.8 lakh compensation

Kin of man killed in mishap get Rs 21.8 lakh compensation
Kin of man killed in mishap get Rs 21.8 lakh compensation

The UP-based family of a man, who died in a mishap here in 2011, has been awarded Rs 21.81 lakh compensation by the Thane Motor Accident Claims Tribunal (MACT).

Niyaz Ahmed Khatab Ansari (then aged 42), who worked as ‘mukadam’ (supervisor of labourers) at a private firm in Bhiwandi town of Thane, was going on a motorcycle towards Ghodbunder road when a speeding dumper coming hit his two-wheeler at Kashimira in the district on January 7, 2011.

Ansari and the pillion rider fell from the bike. Ansari received serious injuries in the mishap and succumbed later that day.

An offence was registered against the dumper driver under IPC sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others) and 338, and section 184 of the Motor Vehicles Act.

Later, Ansari’s family comprising wife Tahira Banu Niyaz Ahmed Ansari (34), five minor children Mausamali Niyaz Ahmed Ansari (14), Mubashra Banu Niyaz Ahmed Ansari (13), Nusara Banu Niyaz Ahmed Ansari (11), Bushra Banu Niyaz Ahmed Ansari (9), Mushrafali Niyaz Ahmed Ansari (7), and his parents Khatab Hussain Wali Mohammed Ansari (67) Sawaliyabanu Khatab Hussain Ansari – all residents of Allahabad district in Uttar Pradesh, approached the MACT seeking compensation.

They said that at the time of his death, Ansari’s monthly income was Rs 11,200, and sought compensation from the dumper owner and the insurance company.

Advocate V K Singh appeared for the claimants, while advocate Kalpana Trivedi represented the insurance company which contested the case. However, the case was decided ex-parte against the dumper owner as he failed to appear before the tribunal.

Also, since Ansari’s mother, who was a claimant, died in July 2016, her name was deleted from the claim papers.

After hearing both the sides, MACT president and Principal District Judge S M Gavhane recently ordered the two respondents – dumper owner Mahalakshmi Enterprises and the New India Assurance Company – to make payment to the applicants with 9 per cent interest per annum from the date of application in January 2011.

The tribunal awarded a total compensation of Rs 21,81,864, including for loss of dependency and funeral expenses. It also directed that the compensation awarded to the deceased’s children be invested in FDs for them.

( Source – PTI )