Latest news

Tuesday 30 April 2013

Woman accuses father-in-law of rape since 1996

Woman accuses father-in-law of rape since 1996

http://timesofindia.indiatimes.com/city/mumbai/Woman-accuses-father-in-law-of-rape-since-1996/articleshow/19792552.cms?intenttarget=no

MUMBAI: The Dahisar police have booked a man (71) after his daughter-in-law (39) registered a complaint of rape and intimidation against him on Saturday.

A month ago, the accused had approached the police, saying his daughter-in-law was blackmailing him for property. Cops said arrests will be made after verifying the complaint.

The woman claimed that since 1996, the accused would visit her in her husband's absence and rape her. He would threaten her, saying he was possessed by a goddess's spirit and the family would be cursed if she told anyone about the rape.

Police cautioned against hasty action on false sexual harassment complaints

Police cautioned against hasty action on false sexual harassment complaints

http://punjabnewsline.com/news/Police-cautioned-against-hasty-action-on-false-sexual-harassment-complaints.html

CHANDIGARH: Punjab police has asked its field staff to guard against registration of false complaints of kidnapping, abduction, rape, criminal intimidation, etc. by individuals on the basis of misrepresented and distorted facts against rivals to settle old scores.

Speaking to the media, additional director general of police (crime) Jasminder Singh said on Wednesday, “The general outcry against the cases of sexual assault in women and children and the directions to the police to carry out fair, transparent and expeditious investigation into all such cases has led to a spurt in registration of false complaints. While it is imperative to ensure prompt registration of such cases and expeditious and vigorous investigation in all such cases of sexual assault and violence, at the same time, it is incumbent on the district police chiefs to ensure that innocent persons are not booked or harassed merely on the basis of false allegations and by misrepresentation and distortion of facts. The officers must appreciate that charges of rape and abduction are serious and stigmatizing in nature, and can, therefore, cause serious and lasting damage to the reputation of the individual and his family in the society.”

He said, “In view of this, COPs and SSPs are advised to ensure fair, transparent and expeditious investigations in all such cases in the interest of justice. A preliminary scrutiny and reading of FIRs
registered in the cases would reveal that these cases need to be investigated through police officers of SP rank before taking any hasty and precipitate action in the matter.”

He said that during the past fortnight alone as many as 10 such cases have been reported from different parts of the state, which have been found to be false. He gave details of these cases as follows:

Majitha: Complainant, an adult, married one Gurcharan Singh and approached High Court for protection as her family was against the union. The complainant suspected Gurcharan Singh of having an illicit affair with his aunt and she filed a false complaint of rape against her husband.

Majitha: Complainant had a relationship with one Manjit Singh, but got married elsewhere. After a few months of living with her husband, she returned to her village and started pestering Manjit Singh to marry her. When he refused, she concocted a false story that she had been abducted by Manjit Singh and one more person.

Fazilka: Complainant had a relationship with one Om Prakash and got married to him in a temple against her father’s wishes. The father of the complainant got her to register a false case against Om Prakash as well as his brother’s wife and another person in an abduction case, which turned out to be false.

Fazilka: Complainant stated that she had been raped by one Sardool Singh, who, in turn, produced evidence that he had married her only a few days back and that they could not pull on well together and that was the reason for the false complaint.

Amritsar: Complainant had been in a long-term relationship with one Milan Kapoor and wanted to get married with him. However, Kapoor found out that she had relations with other men as well and declined her marriage proposal. Thereafter, she got a false case of rape registered against him.

Ludhiana: Complainant and the accused got engaged in May and had consensual sex on a number of occasions. Following this, the accused did not want to get married to her and she got a false case of rape
registered against him.

Ludhiana (rural): Complainant had a relationship with one Gurpreet Singh and she went by bus to meet him in Mullanpur. After her father caught the accused along with the complainant, she got a false case of abduction registered against the accused on the behest of her father.

Ferozepur: Complainant had an illicit affair with the accused and when her husband came to know of this, she got a false case of rape registered against him.

Bathinda: Complainant was under heavy debt of the accused and therefore concocted a story that the accused raped her during a village fair.

Tarn Taran: Complainant entered into a relationship with a truck driver and went with him to Chennai. She bore his child two years ago, but upon returning to Punjab the family of the accused refused to accept her. She concocted a story that she had been threatened, abducted and raped by the accused.

IIM professor sacked for filing false complaint of harassment

IIM professor sacked for filing false complaint of harassment

http://www.business-standard.com/article/current-affairs/iim-professor-sacked-for-filing-false-complaint-of-harassment-113042900482_1.html

A woman professor of IIM-Indore, who accused a senior colleague of sexual harassment, has been sacked after an inquiry panel found her charge to be false and baseless.

The lady professor, who is on a two-year contract and living on the official campus, has been told about the termination of her contract, a senior official said.

However, IIM's Public Relation Officer Akhta Pervez chose not to mention about the action taken against the professor.

"A 9-member Gender Sensitivity Committee (GSC) headed by retired justice of Madhya Pradesh Indrani Dutta has submitted its report to the IIM-I Director on April 27.

"GSC within the ambit of Government of India norms investigated the matter submitted its report to the director in connection with the sexual harassment case filed by one woman professor of marketing department," the PRO said.

The GSC is said to have rejected the complaint of the lady professor holding that it had no merit in it.

When contacted, IIM-I Director N Ravichandran also refused to give details.

"No comments. However, due process has been followed on the woman's complaint. It is not an issue of public domain to be disclosed," he told PTI on being asked whether the services of the lady professor had been terminated.

The lady professor could not be contacted. She had filed a complaint of sexual harassment against an associate professor of marketing department with the institute director on February 20 this year.

Law for Wife or Punishment to Husband

Law for Wife or Punishment to Husband

NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.

The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.

In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.

The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.

The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.

The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".

The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.

Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.

The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.

http://timesofindia.indiatimes.com/india/Government-bid-to-give-wives-inherited-property-share/articleshow/19791052.cms

Monday 29 April 2013

Dharwad SP's sister-in-law alleges him of sexually harassing her

Dharwad SP's sister-in-law alleges him of sexually harassing her

http://www.daijiworld.com/news/news_disp.asp?n_id=171875 

Bangalore, Apr 27: Dharwad superintendent of police, Ravikumar, has been accused of sexually harassing his brother Kirankumar’s wife, Chandana from Bhadravati. Chandana said that Kirankumar and his family members have meted out dowry harassment to her besides posing life threats. She made these allegations at a press conference held here on Friday April 26.
She said she was married to Kirankumar, a distant relative, on May 4, 2012. Even though dowry in the form of four lac rupees in cash and gold ornaments worth one lac rupees were given during the marriage, the family continued to demand for more, she alleged. Ravikumar, she said, called her over phone to say that he had since long wanted to marry her, and that in spite of her marriage with his brother, he wanted to have relationship with her.  She added that she had filed a complaint in Bhadravati Papertown police station in this connection on April 11, but nothing was done by the department.
Dr Mohan Rao Nalawade, president of Human Rights and anti-corruption Organization, who accompanied Chandana, demanded for the suspension of the SP and initiation of legal action against him. Chandana’s father, Phalakshappa, and mother,Jayamma, were also present.
Reacting to the allegation, Dharwad SP, Dr Y S Ravikumar, said that the allegations were untrue, and that he is open to any form of investigation. “I do not know why I am being targeted. After the marriage of my brother, I was transferred to Dharwad. I could not visit Bhadravati after that because of pressure of work. I am surprised that such an allegation has surfaced all of a sudden,” he added.


Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

NAGPUR: Bombay high court's Aurangabad bench chided a woman for getting her 12-year-old daughter to file false rape charges against her estranged husband. "It is a shocking event that a teenager was used as a lever against her father. The teenager had put her esteem at stake, but it was instrumentality of her mother which, indeed, proved fatal for smooth family life," Justice KU Chandiwal observed.

"Memories of sexual assault are difficult to control and they disrupt daily life of victim," the court observed before acquitting the father who was languishing in Aurangabad central jail since 2010. The Aurangabad-based teenager had a lodged a complaint on January 20, 2010, that her driver father, 32, had raped her two months earlier and made another attempt a day earlier. Offences under Sections 376 and 506 of IPC were registered against the man.

After medical examinations, the father was convicted by the sessions court on February 12 last year. He challenged this verdict in the high court pleading there was matrimonial discord and disharmony between him and his wife and the daughter was being used as a stooge. He further claimed that his wife had instigated the daughter to accompany her to police station and lodge a false FIR.

"If the girl, at a tender age of 12-14 years, not used to sex, is sexually abused by grown up person like her father (appellant), the unfortunate implications are, to suffer profuse bleeding to her private part or to witness injuries in nearby area including, swelling and rupture. Nothing of this sort has taken place," Justice Chandiwal observed.

He stated the girl's testimony did not inspire confidence to bank upon and even the medical evidence did not support that she had suffered sexual abuse. He added that the evidence did not demonstrate that the victim was sexually abused, least of all by her own father. "If evidence of prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reasons the court finds it difficult to place implicit reliance on her testimony, it may look for evidence that may lend assurance to her testimony," the judge ruled before setting aside father's conviction.

दुल्हन की जिद के आगे दूल्हे राजा सरेंडर

दुल्हन की जिद के आगे दूल्हे राजा सरेंडर
http://royalbulletin.com/?p=10823
लहंगा चुनरी की बजाए जींस पेंट पहन कर विदा:बिजनौर। दुल्हनियां की अजीबो गरीब जिद के आगे आखिरकार दूल्हे राजा को सरेंडर होना पड़ा। क्षेत्र में यह मामला बेहद चर्चा का विषय बना हुआ है।प्राप्त समाचार के अनुसार नगीना के समीपवर्ती ग्राम की युवती ने मेरठ से एमबीए करने के बाद नोएडा में प्राइवेट कम्पनी में जॉब करना शुरू कर दिया था। इसी दौरान उसकी मौहब्बत कम्पनी के ही एक युवा अधिकारी से हो गई। करीब दो साल से दोनों के बीच रोमांस चल रहा था। इस बीच प्रेमी युवक की जॉब गुड़गांव की एक नामी गिरामी कम्पनी में लग गई। लेकिन दोनों के बीच मौहब्बत की डोर नहीं टूटी।दोनों के साथ-साथ जिदंगी गुजारने के प्रस्ताव पर परिजनों ने भी हामी भर दी। युवती के परिजनों ने दो दिन पूर्व ग्राम में रिश्तेदारों के लिए भोज का आयोजन किया था। जिसमें काफी लोगों ने शिरकत की थी। बीती रात नगर के एक मंडप में वैवाहिक कार्यक्रम का आयोजन किया गया था। सब कुछ ठीक-ठाक चल रहा था। लेकिन मंडप में जब काफी देर तक दुल्हनियां नहीं पहुंची तो तरह-तरह की चर्चाएं होने लगी। पूछताछ व कानाफूसी का दौर शुरू हुआ। लेकिन बाद में राज खुला कि दुल्हनिया साड़ी व लहंगा-चुनरी की जगह ब्लैक जींस व लाल टी-शर्ट पहनने की जिद पर अड़ी हुई थी। दूल्हे राजा ने उन्हें मोबाइल पर कॉल कर बेहद समझाया, मगर उन्होंने जिद नहीं छोड़ी। बाद में दूल्हे राजा को ही सरेंडर होकर जींस व टी-शर्ट मंगानी पड़ी। हां दुल्हनियां इतना जरूर मान गई कि फेरों के वक्त उन्होंने यह आधुनिक पोशाक पहना कर अपने मां-बाप की नाक नहीं कटवाई। दुल्हनियां की इस जिद को लेकर काफी लोगों ने प्रतिक्रया भी व्यक्त की।गौरतलब है कि आधुनिकता के इस दौर में सामाजिक संस्कारों को तिलांजलि दी जा रही है। इनकी वजह से ही पारिवारिक रिश्ते टूट रहे हैं।

Mumbai Police inspector's wife arrested for killing him

Mumbai Police inspector's wife arrested for killing him
http://ibnlive.in.com/news/mumbai-police-inspectors-wife-arrested-for-killing-him/388460-3-237.html

Mumbai: Fed up with domestic violence, the wife of Mumbai Police officer Nandkishor Taksalkar, posted with the local arms division, allegedly killed him using a hammer and the stone on Sunday. Nandkishor Taksalkar's wife Parvati has been arrested by the Mumbai Police in connection with the murder and police are investigating the case.
According to the police, Nandkishor wife killed her husband with the help of a hammer and stone. It is alleged that 43-year-old Nandkishor had a drinking problem and he used to regularly fight and beat up Parvati. After getting drunk he would become very violent, police officials said.
He also suspected that his wife was having an illicit affair with someone. He used to abuse and harass her alleging that she was not loyal to him.
Police officials say that Nandkishor fought violently with his wife a day before the murder. The police had intervened and stopped their fight, but Nandkishor was found murdered just a day later. 

Saturday 27 April 2013

Mumbai Police Force One commando commits suicide weeks before wedding

Mumbai Police Force One commando commits suicide weeks before wedding

A 25-year-old commando from the Mumbai Police Force One team shot himself with his own pistol at the Kalina police camp last morning. He shot himself on the left side of his chest. Police suspect that Nandlal Sonavne was depressed over his troubled relationship with his fiance and so decided to take his life. He was just weeks away from his wedding.
Sonavne
Sonavne, who had been a part of Mumbai Police’s Force One team for over two years, was depressed owing to problems with his fiance
According to officials from Vakola police station, Sonavne was a native of Dhule district in north-western Maharashtra. He was engaged to a girl from his village and was due to marry her on May 12. The police said Sonavne joined the Mumbai police force three years back and was in the Force One team for the last two years.
He typed out a text message in Marathi on his mobile phone before taking his life, stating, ‘I love my parents and friends from my village. I also love my colleagues at the training camp, but I am not good enough for others. I don’t want to survive any longer’.
A source also said that he further wrote, ‘How can I marry a person who cannot be trusted?’ Police officials said that a few weeks ago, Sonavne learnt of an alleged relationship between his fiance and another man. He was depressed and wasn’t communicating with his friends in the training camp since then.
Last morning, after taking a bathe, Sonavne took his Australian pistol and went to a terrace. He typed out the message but didn’t send it to anyone. After this, he shot himself in his chest and died at the spot. He was rushed to the local hospital and was declared dead upon arrival. The police have registered an Accidental Death Report and are waiting for his family members to arrive from Dhule.
Force One
It’s a counter terrorism unit guards the Mumbai metropolitan area. It was formed under the Maharashtra Police on the lines of the National Security Guards in the wake of the 26/11 terror attacks.

http://www.mid-day.com/news/2013/apr/270413-mumbai-police-force-one-commando-commits-suicide-weeks-before-wedding.htm

Women now more likely to want sex than their male partners

 Women now more likely to want sex than their male partners

It's no longer the women, who is bailing out of late night intimacy with cries of headaches, stomach cramps and baby-related exhaustion, but these days its men, who are actually more likely to be the ones saying "not tonight, darling."
According to a new study, more than half said that they turn down sex more frequently than their female partner, the Daily Mail reported.
New research from an online pharmacy in the UK has revealed that, despite common stereotypes, men are more likely to turn down intercourse with their partner than women - with "tiredness" and "work stress" cited as the most common male "sexcuses".
Poll: Women & Liberty
The study, conducted by ukmedix.com, polled 1,922 British men aged over 18 and in a long-term relationship, and was conducted after the site noticed a marked increase in searches for libido enhancing medication throughout the first half of January.
Respondents were asked questions relating to their sex life with their partner.
Those taking part were asked who turned down sex more frequently, them or their partner, and 62 per cent of men polled said they did.
That majority was then asked what their most frequent "sexcuses" were - namely, the reasons they gave their partner for not wanting sex.
The five most popular being that they were too tired (45 percent), stressed about work (39 percent), had a headache (39 percent), felt too full after dinner (29 percent), or there was something good on TV (24 percent).
In contrast, when asked to give the genuine reasons they turned down intimacy, the top five included feeling uncomfortable about his body (38 percent) and having a low libido (35 percent).
The men taking part in the study were asked how frequently they had sex with their partner, to which the most common answer, for 42 percent of men, was once a fortnight.

http://www.indianexpress.com/news/women-now-more-likely-to-want-sex-than-their-male-partners/1064863

care of children whose parents are in legal war

1. Child takes birth with the mutual consent of wife and husband called subsequently as parents. They share their responsibilities whole heartedly to bring their child to a respectful position in the society. They both show love and affection towards the child. On the other side of the coin, if dispute arises between the parents the present law allows the mother to keep the child under her care with visiting rights to the father (after a great struggle and lapse of considerable time) thereby the father and his other family members are loosing their affection towards the child. The reason for this the court is saying that the child needs mother care in his/her early. This situation is horrible towards the father and his other family members and ultimately the father becomes an atm towards (his wife and) his child without continuous fruits. In the present scinario the education system of the child is such that the living together parents are sending their
child to any place for studies even from his 3rd or 4th year for months together and visiting both to see their child frequently. Under the circumstances the version of the court that child should be under the care of mother thereby keeping away the KHETRAGNA (the seed provider) is not excusable. In fact the disputed wife taking advantage of this keep point and taking grudge against her husband. If this rule is abolished and framed a new rule that until the dispute between the wife and husband is solved, the child should under the umbrella of Government Welfare Orgn. or at any private place accessable to both the wife and husband as and when they would like to see the child. In fact this amendment will reduce the egoism of the wife and she will start thinking from the point of safe family and avoid the bad boosting of her family members and realise that all are uncomparable with the safest and individual family.

I therefore request my friends to think for amendment of existing rules to the above effect for the betterness of Indian Families.

2. SECONDLY I suggest to gain knowledge about TRADITIONAL SURROGACY MEDICAL METHOD which is useful for any bachelor or persons who do not want to remarry due to the present worst situation but continue his VAMSA VRIKSHAM safely through the above medical traditional surrogacy method or any other methods thereby to have ISSUES (son or daughter) without a 498A-lovely wife.

Dec 16 gang-rape accused wants to undergo lie detector test

Dec 16 gang-rape accused wants to undergo lie detector test

New Delhi, April 25 (IANS) Terming himself innocent, an accused in the Dec 16 gang rape Thursday moved an application before the fast track court seeking permission to undergo a lie detector test.
Additional Sessions Judge Yogesh Khanna asked the Delhi Police to file its reply on the plea of Vinay Sharma, one of the six accused in the case.
Saying Sharma has been falsely implicated in the case, his counsel told the court his client is innocent and has no previous criminal record.
His counsel contended that Sharma, a student of B.A. first year and was working with a gym to earn his livelihood, "has been falsely implicated in the case and he is in judicial custody since December last year without any proper reason".
He also pleaded by him that the story of prosecution is totally "false and fabricated" and made by them under government pressure due to outrage by the people in the country.
He contended that Sharma was not in the bus on the night of Dec 16, 2012 night and was instead at a music function in south Delhi along with his friend and co-accused Pawan Gupta.
Meanwhile, the court also recorded the statement of the Safdarjung Hospital doctor who was in-charge of the Intensive Care Unit (ICU) where the victim was undergoing treatment for ten days.
The doctor, who had also accompanied the victim to a Singapore hospital on Dec 26 night along with four other doctors and her family members, told the court that the victim's condition was serious and the infection has also spread in her body due to injuries caused to her.
During the cross-examination by accused Gupta's counsel, the doctor said: "It is wrong to suggest that the victim was not having septicimia till Dec 21, 2012. I saw her on Dec 17 morning when she was already in septic shock due to her injuries and she was on injection dopamine infusion to maintain her blood pressure."
"There was no head of the said team of doctors. In fact, each and every member of the team was a specialist in his own respective filed," the doctor deposed, explaining that the victim was monitored by a team of doctors.
The doctor further told the court that since the victim was in critical condition, she was rushed to Mount Elizabeth Hospital in Singapore to manage the critical condition and to let her come out of it and at a later stage, to consider her for transplant of the organs.
The 23-year-old woman was brutally tortured and gang-raped in a moving bus Dec 16, 2012 by five men and a juvenile. She later died in a Singapore hospital.
The juvenile is facing proceedings before a Juvenile Justice Board, while the other accused were put up for trial in the fast track court. One of the accused, Ram Singh, is dead, having allegedly committed suicide in jail.

http://in.news.yahoo.com/dec-16-gang-rape-accused-wants-undergo-lie-172228399.html

Crime in India 2011 statistics


Crime in India 2011 statistics

http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf

‘New study’ to correct conviction rate in state

 ‘New study’ to correct conviction rate in state

National Crime Records Bureau report of 2011 says Maharashtra has the lowest conviction rate in the country.
The abysmal conviction rate of 9 per cent in Maharashtra is worrying even the Union law ministry, which has proposed a "new study" to solve the peculiar problem.
National Crime Records Bureau report of 2011 says the state has the lowest conviction rate in the country, lower than Bihar and UP. In fact, UP reported an impressive 59.5 per cent.
The decision to study the low conviction rate in Maharashtra was taken at a meeting between CM Prithviraj Chavan and Union minister for law and justice Ashwani Kumar in Mumbai Wednesday.
Sources said several committees headed by home, law and judiciary and police officials had been formed to suggest measures to improve the rate.
"It is a cause for concern and has been discussed. Obviously, there is a problem peculiar to Maharashtra which needs to be studied. A team of central and state officials will study the reason for the low rate and suggest steps," said Kumar.
Government officials, however, cited recent CID reports to refute 9 per cent conviction. They claimed the rate had gone up to 20 per cent. Government also said pendency had reduced from 49 lakh cases in 2010-11 to 30 lakh till November 2012.
Chavan said there was a detailed discussion on the justice delivery system in Maharashtra, use of central funds, pendency of files, progress in tackling crimes against women and conviction rate.
Meanwhile, the Centre assured "lack of funds would not affect judicial infrastructure" and "priority was to ensure affordable and expeditious justice".
The state has set up 10 gram nyayalayas with an assistance of Rs 1.5 crore from the central government. Additional 15 courts will be set up.
Additional judicial staff
Maharashtra will get additional 180 judicial staff and judges for fast-track courts and courts hearing cases of women. There are already 100 fast-track courts in the state, of which 70 are operational. Additional 16 courts to hear cases of crimes against women would be set up.

http://www.indianexpress.com/news/-new-study--to-correct-conviction-rate-in-state/1064078/

Thursday 25 April 2013

Police 'botched up' rape case, Court orders inquiry

Police 'botched up' rape case, Court orders inquiry

 

NEW DELHI: Criticising the "shoddy and unintelligible" probe by Delhi Police in a rape case, a court here has ordered inquiry against the investigating officers to find out if the "botched up investigation was motivated or was due to complete lack of competence".

Additional Sessions Judge Nisha Saxena directed DCP (north east) to inquire the role of investigating officers in a rape case against the accused who were acquitted once and then retried in another criminal case without police having collected any concrete evidence.

"I feel the way and the manner in which investigation was conducted in the instant case in utter disregard of law, calls for enquiry into the actions of concerned police officials to ascertain if it was motivated or was due to complete lack of knowledge/competence," the court said.

The prosecution case originates from an FIR lodged in 2006 on the complaint of a woman that she was raped by three men - Vinod, Suresh and Brahmpal. She said that on the pretext of helping her financially, Vinod, a milk supplier, took her to a jungle in Usmanpur here on March 17, 2006 where he and the co-accused raped her.

However, in her statement recorded by the magistrate, she stated she had falsely accused the trio on the instigation of one Adesh for Rs 3,000 as they had implicated Adesh's brother in a criminal case.

She also said that in pursuance of their conspiracy, Adesh took her to the jungle where she was raped by two men so that her medical examination confirmed the sexual assault.

Based on this statement, the police filed a case against one Ram Kumar whose alias was mentioned as Adesh and his two accomplices Bijender and Nem Singh but could not explain where and when were they arrested.

During trial, the woman again took a somersault and denied all allegations against Adesh, Bijender and Singh leading to their acquittal.

Meanwhile, the police obtained permission for further probe in the matter and concluded that the woman and her husband had hatched a conspiracy with Ram Kumar, Bijender and Nem Singh to implicate Vinod, Brahmpal and Suresh.

A fresh case of rape, conspiracy and false evidence was registered against the woman, her husband and also Ram Kumar, Bijender and Nem Singh, which came up for trial by ASJ Saxena.

After securing bail from the court in the fresh case, the woman and her husband absconded and were declared proclaimed offender.

While acquitting Ram, Bijender and Nem Singh, the ASJ noted that IO of the original rape case ASI Anuradha Tyagi had no evidence if Adesh was also known by the name of Ram Kumar and even then chargesheeted him.

The court noted that even the IO of the second case, Inspector Krishan Lal could not collect any proof of enmity which he claimed led to Ram Kumar getting a false rape case registered against Vinod, Brahmpal and Suresh.

Directing DCP (north east) to inquire the role of IO Anuradha and Krishan Lal, the court said, "There are many loose ends in the prosecution story which go unexplained and the court is baffled and bewildered in the absence of any explanation.

"No effort has been made to establish that Adesh named in the statement of the prosecutrix to the magistrate is same as Ram Kumar," it said.

The ASJ said, "It is not clear whether the initial complaint was made by the victim under threat, pressure, coercion or whether her statement to the magistrate was recorded under influence or threat by actual offenders or by the probe agency in collusion with the actual offenders.

"The investigation in the matter is shoddy, slipshod and completely botched up and entire investigation seems to have been conducted in such a manner so as to benefit the persons against whom allegations were made in original complaint.

"The lodging of present FIR and the criminal trial of accused Nem Singh, Bijender and Ram Kumar alias Adesh who have faced trial since the year 2006 has resulted in double jeopardy and double whammy to them," it added. 

http://economictimes.indiatimes.com/news/politics-and-nation/police-botched-up-rape-case-court-orders-inquiry/articleshow/19713471.cms

‘Take action against my wife’s family too. They paid me dowry’

‘Take action against my wife’s family too. They paid me dowry’

  hardware engineer was jailed following a dowry harassment charge in Sept 2010. Using the complaint as evidence, he has now filed a police case against wife and in-laws, seeking that they be punished for the offence of paying dowry

Manjunathan Padmanabhan, a hardware engineer, spent three harrowing days in Parappana Agrahara, sharing cell space with thieves and murderers. His crime? Accepting dowry. Now, in perhaps a first-of-its-kind case, the 34-year- has turned the tables on his wife and her family by filing a counter complaint for giving him dowry.
 
The Dowry Prohibition (DP) Act states that both giving and accepting dowry is an offence punishable by law, and Section 3 of the Act speaks about the “penalty for giving or taking dowry”. But while cases of husbands and their family members spending time in jail for receiving dowry are dime a dozen, rarely — if ever — has a dowry giver been punished. 
 
In his complaint against his wife and in-laws, Padmanabhan, a resident of Ulsoor, has used the same statements made by his wife's relatives in their complaint against him three years ago. Ulsoor police registered an FIR on April 17.
 
In his complaint, Padmanabhan states that he was married to R Ashwini on September 2, 2009. His wife had filed a complaint against him on September 8, 2010 stating that she was harassed for dowry and that Padmanabhan was paid 119.75 grams of gold, 11 pieces of silverware and cash of Rs 25,000, Rs 1,000 and Rs 10,000 on January 2, 2010, July 5, 2010 and July 20, 2010 respectively. A case was filed against him under 498(A) of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act. 
 
In her complaint, Ashwini claimed that she and her family had also given Padmanabhan a suit in dowry. Her brother's statement claimed they had given cash on three occasions. The complaint was filed in the same police station (Ulsoor) and the complaint and the memo of evidence given by his in-laws are part of the station records. He claims he obtained all the necessary documents from the station through the Right to Information Act. 
 
Padmanabhan is now seeking action against all family members who admitted to giving him dowry. “Since offenders and abettors themselves admitted/claimed to have given dowry, it is submitted further that all these records and details are already with you,” Padmanabhan has stated in his complaint. 
 
Speaking to Bangalore Mirror, Padmanabhan said, “My father-in-law is a Central government employee. He knows giving dowry is a crime. He, along with his family, has admitted to giving me dowry. That is the crux of their complaint and police statements against me. They have admitted to committing a crime before a police officer and the police have to take action against those persons. I am only stating what the law says.”
 
When contacted for his reaction, Ashwini's father, A Ramesh Babu, the main accused in Padmanabhan’s complaint, said, “I have not paid any dowry to him. Only a complaint of harassment for dowry was filed. The police might have changed my statement and added that I paid dowry. I do not know about the complaint filed against me.”
 
AK Mohan Krishna, an advocate who specialises in matrimonial disputes and who is unconnected to this case, said, “This is the first time that the police have registered a FIR against the wife's family for giving dowry. If it is only a demand for dowry, then only the provision of IPC Section 498(A) comes into play. If the wife and her family members have admitted to giving dowry, then they have committed a crime under the Dowry Prohibition (DP) Act. If they have stated that they have given dowry, they are clearly pleading guilty here. Though this provision of punishing those who give dowry is in the Act, in reality it has never been invoked. The same Act is used to punish husbands and their families who receive dowry. Police usually do not take such complaints. But this case seems to be very promising for men who are accused of taking dowry.” 
 
Ulsoor police said, “He (Padmanabhan) was jailed on a case of dowry harassment and he has now filed a complaint against his wife and in-laws. We are investigating the case.”
 

 

कॉन्स्टेबल के मर्डर में पत्नी-प्रेमी अरेस्ट


कॉन्स्टेबल के मर्डर में पत्नी-प्रेमी अरेस्ट

साहिबाबाद : दिल्ली के शकरपुर थाने में तैनात हेड कॉन्स्टेबल अजित बालियान हत्याकांड में फरार चल रहे आरोपी पत्नी राज बालियान और पड़ोसी मुकेश को पुलिस ने गिरफ्तार कर लिया है। साहिबाबाद थाना प्रभारी रामनाथ सिंह यादव ने इन दोनों की गिरफ्तारी की पुष्टि की। थाना प्रभारी ने बताया कि मृतक सिपाही की मां की तरफ से शिकायत दी गई थी कि उनकी बहु के अपने पड़ोसी मुकेश से अवैध रिश्ते थे। इसी बात का पता चलने पर उनके बेटे ने एतराज जताया था, जिसके बाद साजिश रचते हुए हत्या को अंजाम दिया गया।

मां की कोशिशों से हुआ केस
शकरपुर थाने में तैनात हेड कॉन्स्टेबल अजीत बालियान राजेंद्र नगर के सेक्टर-3 में पत्नी व दो बच्चों के साथ रह रह रहे थे। 10 अप्रैल की रात को 10 बजे के करीब अजीत ड्यूटी से घर लौटे। उसके बाद कमरे में सोने चले गए। उसके बाद पत्नी ने पुलिस को यह सूचना दी कि अजीत ने स्यूसाइड कर लिया है। लेकिन सबूत और पड़ोसियों के बयान हत्या की तरफ इशारा कर रहे थे। साहिबाबाद पुलिस ने भी इसे स्यूसाइड मान लिया था पर बाद मंे मृतक की मां ने सीनियर अफसरों से गुहार लगाई, तब जाकर पुलिस ने हत्या का केस दर्ज किया था। मुकेश दिल्ली के एक सरकारी स्कूल में टीचर है।

हत्या को स्यूसाइड बनाने की कोशिश
[ जारी है ]

 http://navbharattimes.indiatimes.com/delhi/crime/constable-murder-of-his-wife--boyfriend-arrested/articleshow/19715683.cms 

 

Wednesday 24 April 2013

Receptionist who became Saradha director in 3 years


KOLKATA: The woman known as Sudipta Sen's shadow in the Saradha Group was at her appointed place during arrest too — right by the boss.

The story of 27-year-old Debjani Mukherjee, who joined as a receptionist and became the executive director of the group's flagship company within three years, can dwarf any tale of corporate rise. Nothing moved without the permission of 'madam' as she was known in the company's Sector V headquarters, and nothing escaped her eye. Such was her influence that she shared Sen's office chambers as the group's de facto number two and signed all cheques valued at over Rs 20 lakh as well as appointment letters. She was Sen's eyes and ears, the lady who the chairman seemed to trust even more than his family.

Her brisk climb up the corporate ladder started after she was moved to the Midland Park HQ, nine months after she joined Saradha Tours & Travels' office at 64, Shakespeare Sarani as a receptionist and telephone operator. In 2011, she became the director of Saradha Realty. Soon, she was also given charge of the banking and HR verticals.

What led to her meteoric rise? Debjani is the daughter of Timir Baran Mukherjee, a close family friend of Sen. It is believed Mukherjee helped Sen go from estate manager to the owner of the sprawling Saradha Gardens off Joka in the mid-2000s. Mukherjee's close proximity to local CPM leaders also helped Sen.

Mom, lawyer say Debjani wanted to surrender

Sources say when one of project's original promoters, Biswanath Adhikari, was shot dead in the complex on January 29, 1999, it was Mukherjee who kept the heat off Sen. Sen appears to have repaid that "debt" by making Debjani a full-time director of his group. Debjani was promoted as director with Saradha Realty on July 20, 2011. The other directors were Sen's wife Madhumita, son Subhojit and daughter Priyanka.

The cellphone Debjani used till her arrest on Tuesday was registered in the name of Saradha Tours & Travels. A mobile number Sen often used was also registered in Debjani's name. It was the "official" number given to Debjani as director in Saradha Realty.

Debjani, sources said, stopped attending office in March, several weeks before Sen disappeared, lending credence to a theory among Saradha employees that it was Debjani who had drafted the escape plan for the two before the companies were to be shut. Abhisekh Mukherjee, a lawyer claiming to represent Debjani, however, said, "Debjani was asked not to attend office. In fact, she hasn't been getting salary for several months. She was coerced into fleeing and called me up intending to surrender."

Debjani's mother Sarbari claims she has been framed. She said a tearful Debjani had called her up before she went missing saying she wanted to surrender. Sarbari didn't hear from Debjani after that.

A former editor in one of Sen's publications recollected, "Sen sat next to Debjani in his own chamber. Sen and she appeared co-owners. At meetings, they sat on one side and faced us across the table. She was an executive director and was Sen's eyes and ears. Debjani was also his constant companion on trips out of town."

The first change Debjani brought to Midland Park was the induction of young women. "After a while, only women were posted at the offices on the fourth and fifth floor of Midland Park. Except for Debjani, the others working in the newspapers, television or realty business were never attached to the same office for more than six months. They would be rotated constantly. And they all seemed afraid of Debjani," recounted an employee.

Sen had the gift of the gab and would manage to convince anyone. "But Debjani was always a reticent speaker and very matter-of-fact," the employee added. Another employee said visitors to Sen were always vetted by Debjani. Sen was called 'CMD sir' in Midland Park. However urgent the matter was, it was difficult for anyone to get a call though to Sen without being routed through Debjani. 
 

Amend dowry law to stop its misuse, SC tells govt

NEW DELHI: The Supreme Court has plainly told the government to take a relook at the anti-dowry law -- Section 498A of Indian Penal Code -- saying it has been misused by women to lodge false or exaggerated complaints against husbands and their relatives accusing them of cruel behaviour.

Such is the level of exaggeration of cruel behaviour on the part of husbands and their relatives that "to find out the truth is a Herculean task in a majority of these complaints", said a bench comprising Justices Dalveer Bhandari and K S Radhakrishnan.

Expressing concern at the rise in number of complaints under Section 498A, the Bench said, "We come across a large number of such complaints which are not even bona fide and are filed with oblique motives."

Advising extreme caution in dealing with such complaints, the bench said courts must take pragmatic realities into consideration while dealing with matrimonial cases.

It was high time that the legislature considered and made suitable changes in the law taking into account public opinion, the apex court said, sending a copy of the judgment to the Union law minister to initiate the process.

"At times, even after conclusion of criminal trial, it is difficult to ascertain the truth," it said and gave examples of cases where the woman in her complaint had roped in the husband's relatives, who lived in different cities and rarely visited them, of cruel behaviour towards her.

Such accusations invariably led to the husband and his relatives remaining in jail for a few days, breeding rancour, acrimony and bitterness and ruining all chances of an amicable settlement, said Justice Bhandari, writing the judgment for the bench.

The significance of the court's directive goes beyond what happens to Section 498A. It marks a conceptual shift, a turn away from the culture where women were seen only as victims who were incapable of levelling false allegations. The conception of women as the silent suffering sort who could do no wrong has influenced the administration of justice in both open and subtle ways. The assumption of women's innocence is apparent in laws devised to deal with rape and other crimes against women where the presumption of innocence is not available to the accused.

Section 498A and other laws were meant to level the field which has traditionally been tilted in favour of men, and were meant to help women get their due. But with instances of their misuse rising, the apex court has been impelled to draw the government's attention to revisit the issue.

"It is also a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases," he said.

"Criminal trials lead to immense suffering for all concerned. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of ignominy," the bench said. 


http://timesofindia.indiatimes.com/india/Amend-dowry-law-to-stop-its-misuse-SC-tells-govt/articleshow/6321987.cms

Men are the oppressed gender

Both historically and presently, women are painted as the more oppressed gender. Men supposedly were and are better off. This is an illusion, however, and the fact that men’s oppression has not been properly recognized only illustrates its severity. At least in the West, it is men who had it worse and continue to have it worse. Women were oppressed and continue to be oppressed, but not to the same degree.
Consider work. Yes, historically women were barred from working in many professions, with their labor being confined to the home. Homemaking, however, wasn’t such a bad way to spend your time compared to mining, soldiering or a host of other physically dangerous professions men exclusively had to do in the past. Homemaking also seems pretty nice compared to a lot of the dull white-collar professions men found themselves in. And in the modern day, it is far easier for women to enter traditionally male work than for men to enter traditionally female work. Women are actually commonplace in fields like business, law, medicine and academia, and there are more women than one might think in fields like technology or the military. How many men are in nursing or childcare, though? Today, it is certainly considered stranger for a man to be a nurse or a preschool teacher than it is for a woman to be a computer programmer. For that matter, it is still considered very odd for a man to be a full-time homemaker. And if a man expresses a desire to be a homemaker right out of school, without ever really working, the criticism of him would be unfathomable.
War is another potent example of men being oppressed. In almost all wars where conscription has taken place, it has been exclusively men who were conscripted. Think about all the ridiculous hardship that men have had to endure fighting in wars while women were able to stay at home. In World War I alone, the suffering and death inflicted on men in particular was extraordinary. The event could be considered a holocaust for the male gender, of which there exists no comparison for women in the West.
Women also sometimes complain about how society looks down on them when they are overt in seeking romantic partners. Many women dislike how they are forced to be reactive in this process — the courted as opposed to the courter, their best bet for finding someone being subtext that may not always get across their romantic message. These women don’t realize that the alternative — having to be proactive in courtship — is much worse. Though men should have more choice for partners in theory, in practice, they have less choice because the risk/reward proposition of asking out most women is negative. Also, a woman who asks out men risks only shame in the short-term. A man who waits to be asked out by women risks lifetime singleness.
Some will say that men cannot possibly be the more oppressed gender because they have held and continue to hold greater governmental, economic and social power than women. This is not a fair point, because oppression is fundamentally about the misery of the victims, not their power. I do not think gender oppression is caused by one gender oppressing the other. In history, men have oppressed men and women have oppressed women. It is cultures that perpetrate gender oppression.
I do think that women are more oppressed than men in certain cultures, particularly those where the mutilation and maiming of women is openly encouraged. For Western cultures, however, it’s men who have gotten screwed. Our generation can change society by changing how we think. In progressive communities, the recent phenomenon of the stay-at-home dad is a great start. Everyone, regardless of gender, should have the same expectations and opportunities.
Ed Reep is a Rutgers Business School senior majoring in supply chain and marketing science with minors in business and technical writing and economics. His column, “Philosophies of a Particular American,” runs on alternate Mondays.
 

Domestic violence a human rights issue


NAGPUR: The District Women and Child Development Department and the police commissionerate organized one-day workshop on 'Protection of Women from Domestic Violence Act, 2005' in the city recently.
The workshop was inaugurated by Secretary of District Legal Services Authority in Nagpur Kishore Jaiswal. Police inspector of Social Security Department Kamal Jadhav presided over and district women and child development officer DH Kankal was the guest of honour.
Jaiswal said domestic violence is a human rights issue and a serious deterrent to development. He explained the object of the Domestic Violence Act, 2005, saying that the law was enacted to provide for effective protection of the rights guaranteed under the Constitution for women, who are victims of violence of any kind occurring within the family.
He added that it was the duty of a police officer, protection officer, service provider and the magistrate to inform the aggrieved person of her right to make an application for one or more reliefs under the Act.
He also added that 'domestic violence' is any act of physical, mental or sexual violence and any attempted such violence, as well as the forcible restriction of individual freedom and of privacy, carried out against individuals who have or had family or kinship ties or cohabit or dwell in the same house.
He further informed that one special court was dealing with cases under PWDVA and the magistrate, staff members, and stenographers of that court are women.
Member of Juvenile Justice Board Surekha Borkute spoke on procedural aspect of the Act while Smita Singalkar enlightened upon filling up the domestic incident report. Sharmila Charalwar explained role of service providers.
Programme was attended by police officers, protection officers and service providers.
 

Want parole? Pay for security: HC tells convict

NAGPUR: The Nagpur bench of the Bombay high Court recently granted two days parole to a murder convict to let him attend his brother's wedding. The prisoner, however, was told to bear the expenses for his as well as the police escort's transportation to the marriage venue. He was asked to deposit the amount in advance. The convict then attended the wedding on April 16 and returned to prison.

"Subject to such a deposit (being made), we direct the respondents to carry the petitioner in custody for marriage function. All the arrangements will be made by the authorities to see that the petitioner is available for all ceremonies to be performed in the marriage," a division bench comprising justices Ravindra Chavan and Prasanna Varale ruled.

Superintendent of Central Jail Amravati and divisional commissioner were made respondents in the two cases filed by Siddharth Ingle. He was serving life sentence since October 5, 2010, awarded to him by Washim sessions court for murder. Ingle contended he had applied in February to respondents seeking parole to attend the marriage of his brother Sandip in Akola but it was ignored. He also made repeated requests to jail authorities but was told that as he had availed the parole in recent past and was not entitled for the same.

He pointed out that he was the eldest member in the family and his presence for the ceremony was necessary. The jail authorities opposed his prayer arguing that the petitioner was in the habit of surrendering late after availing parole, and on an earlier occasion, he had surrendered after 287 days.

Citing old judgments of the Nagpur bench, the judges said that looking at the grounds raised by the petitioner and the urgency involved in marriage, they see no reason to take any different view than those taken in old petitions. "The grounds for resistance raised by the jail authorities can be taken care of by putting certain conditions on the petitioner in the nature of his scheduled reporting/surrendering to jail authorities. Even the petitioner has displayed his readiness and is willing to abide by the conditions in respect of the expenses as ordered by this court," the judges said.

"We make it clear this order shall neither be treated as a precedent nor a departure from the settled procedure under the rules to move the appropriate authorities for seeking parole," the judges added while disposing of the plea.


http://timesofindia.indiatimes.com/city/nagpur/Want-parole-Pay-for-security-HC-tells-convict/articleshow_dc/19705267.cms
 

Tuesday 23 April 2013

Hindu Marriage Act is a home-breaker: SC

Hindu Marriage Act is a home-breaker: SC

http://ibnlive.in.com/news/hindu-marriage-act-is-a-homebreaker-sc/67313-3.html

New Delhi: The Supreme Court on Tuesday expressed concern over the increasing number of divorce cases and also blamed the Hindu Marriage Act, saying it had harmed the family system than strengthening it.
“The Hindu Marriage Act has broken more homes than uniting," a vacation bench of Justices Arijit Pasayat and G S Singhvi observed.
The apex court regretted that the growing number of divorce cases was having a disastrous effect on the children of families broken up in such a manner.
Enacted in 1955, the Hindu Marriage Act, had undergone several amendments till 2003. It contains various provisions for validity of a Hindu marriage.
"Even at the time of marriage, anticipatory divorce petitions are being filed," the bench remarked sarcastically.
The apex court made the observation while dealing with a petition filed by a divorcee seeking his child's custody.
“Ego should get dissolved for the sake of the child," the bench remarked even as the separated parents tried to air their views.
The apex court told the separated couple that it was more concerned about the welfare of the child, rather than the recrimination between the couple.
“Ultimately the child suffers. If it is a girl, the trauma is more, particularly at the time of the marriage of such children," Justice Pasayat, speaking for the bench observed.

Why men's rights activists won't mourn Justice Verma's death

Why men's rights activists won't mourn Justice Verma's death
http://www.merinews.com/article/why-mens-rights-activists-wont-mourn-justice-vermas-death/15884515.shtml

Justice JS Verma, who finished the marathon task of refurbishing the anti-rape laws in the country in a record 29 days, after the brutal gang rape of a 23-year-old paramedical student on a moving bus in the national capital, passed away Monday night after suffering from liver failure and abdominal problems.

Justice Verma who was India's 27th chief justice and served from 1997 to 1998, was head of the government-appointed panel that was tasked with recommending legal reforms and other ways to reduce sexual violence against women.
The panel's report that was submitted to the government in January, paved the way for tough new-anti-rape laws, recommending stringent punishment for rapists. Expressing grief over the demise of Justice Verma, the Prime Minister Dr. Manmohan Singh in his official statement said, “Justice Verma was a man of vast understanding and knowledge of Law. He was respected for his path breaking judgments, his deep sensitivity to the concerns of the common man and commitment to public good. I will miss him very much for his generous advice and guidance on matters of public importance.”
Chief of Press Council of India and former High Court judge Markandey Katju while expressing his condolence over the death of justice Verma, hailed the marathon task he finished by preparing the report on laws dealing with the crimes against women.
“Justice J.S. Verma was one of the giants of the Indian Judiciary, who set very high standards of integrity on the bench & even thereafter. His completion of the report on crimes against women in 29 days is a model as to how such reports should be made. In his sad demise the entire legal fraternity as well as the country has suffered a great loss,” Katju said.
No doubt justice Verma will be remembered in the country every time violence takes place against any woman. However, the men's right activists have quite an opposite take on Justice Verma, as they accuse him of ignoring their suggestions in the report he prepared for the sake of women safety.
Men's rights activist, Virag Dhulia, Head, Gender Studies, Confidare Research; and an active member of Save Indian Family Foundation (SIFF) is not happy with the outcome of the final report compiled by the panel led by justice Verma, and calls it “biased against male fraternity.”
“Justice Verma has done grave injustice to men by making highly anti-male recommendations in his report. We sent him a representation but it was thoroughly ignored, and he said that Indian women don't lie so we don't need misuse clause whereas scores of false cases are getting registered every year and millions of innocent men are suffering, committing suicides due to false allegations and no justice,” Dhulia told this citizen journalist .
Dhulia added that justice Verma failed to show any compassion for the men's rights. “Justice Verma had shown no compassion for men. He just behaved like a feminist puppet and blabbered whatever the male haters wanted him to blabber,” Dhulia said.

India TV Sting Operation

India TV Sting Operation

https://www.youtube.com/watch?feature=player_embedded&v=CVErg0FwWZ4 

High court alert on 498A

High court alert on 498A 

http://www.telegraphindia.com/1130126/jsp/calcutta/story_16485664.jsp#.UXbPAsqnaKF 

The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from — husbands and in-laws.
Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.
“The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed,” Justice Ahluwalia said in his three-page order.
Quoting a Supreme Court ruling, Justice Ahluwalia said: “The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases.”
Legal experts in the city welcomed Justice Ahluwalia’s view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.
“If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws,” said lawyer and former mayor Bikash Ranjan Bhattacharyya.
Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu’s house in Sodepur, have two daughters — Arunima, 7, and Archisha, 5.
In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.
Mita and Tapan — the couple got married in 1983 — live at Sinthee, around 12km from Atanu’s house. They moved a petition in the high court, seeking quashing of the proceedings against them.
The couple’s lawyer Debabrata Chatterjee submitted: “Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?”
The judge observed: “It’s a fact that Mita and Tapan lived far way from the complainant’s house. The sister, who got married 19 years before her brother’s wedding, had nothing to do with the brother’s matrimonial affairs.”

 

Monday 22 April 2013

A heavy side to the act

A heavy side to the act

http://www.deccanherald.com/content/179231/a-heavy-side-act.html

DOMESTIC VIOLENCE
The Domestic Violence Act, which is meant to safeguard the women, has been misused by many
Taji George, a lawyer with 20 years of experience behind him, was recently approached by a client with a peculiar problem — his wife was charging him of domestic abuse.

Well aware of the repercussions should the matter reach court, George’s client had been pacifying his in-laws by sending them settlements for years.

His wife had sold three of the houses he owned in Bangalore, and was trying to wriggle out of the joint-ownership they shared on the fourth. The twist in this sordid tale? George’s client hadn’t laid so much as a finger on his wife.

The Protection of Women from Domestic Violence Act, which is meant to safeguard the rights of women who have been harmed within their households, can actually serve as a potent weapon for wives looking to make a quick buck off their better halves.

Vandana Vaidya, a practising advocate, says that such cases are more common than one would assume. “Where there’s a law, it will be misused. Clients file false cases if they want to get out of a marriage with a handsome settlement,” she explains.

Most lawyers are well aware of this problem. In fact, George insists on taking up only those cases wherein his clients can substantiate their claims with solid proof. “I try and analyse the intention behind every case, a skill that comes with experience,” he says.

But as Hemanth S, a litigator, illustrates, this isn’t always easy. “Genuine clients can’t always prove their cases, whereas clients who are lying sometimes manage to do so. It’s difficult to determine the veracity of their statements,” he says. Once trapped in a situation where he is being falsely accused of domestic violence, there isn’t much that a man can do.

“If no documented proof of his innocence can be provided, the husband will be persecuted and held accountable for maintenance charges,” says George. Vandana agrees that it is a difficult situation. “The only option is to apply for anticipatory bail, and then fight the case. It helps if the concerned party maintains a low profile because he runs the risk of losing his job. Many private firms don’t want to be associated with cases like this,” she explains.

Clearly, this situation calls for some radical restructuring of legislation.  George feels that the act can be faulted at the most basic level of definition. “It deals only with the grievances of women, and doesn’t anticipate cases that occur the other way round,” he criticises. Vandana believes that misuse of the act can be avoided if steps are taken to ensure only genuine cases are registered. “It would be better if investigation and counselling take place prior to filing a report,” she suggests.

It’s important to remember, though, that the act also protects many women who are victims of domestic abuse. Which is why Hemanth S believes that any solution for the problem has to be balanced. “It is, after all, a social welfare act. Courts need to go into the evidence in more detail, instead of just skimming the surface of the case. It would also make sense to impose a harsher penalty on misusing parties,” he says.

 

Medical test fails to prove rape of 9-year-old in Assam, police suspect victim under threat

Medical test fails to prove rape of 9-year-old in Assam, police suspect victim under threat

 
The medical test of the 9-year-old girl, who claimed to have been raped by two unidentified persons on April 21, has failed to confirm any sexual assault.

"There is no injury in her private parts and the medical report shows that no sexual assault happened with the girl," Cachar SP Diganta Bora told India Today. The police also claimed that the injury in her throat was "of superficial nature" and she was completely out of danger.

The girl, hailing from Badarpur, had come to visit her maternal uncle's home in Kalain near Silchar on May 21. At around 4 in the evening, she went out to the weekly market but did not return for over two hours.

Later at 7.30 pm, some people spotted her coming out of Gate No 9 of a nearby tea garden. She was bleeding from her throat and was immediately taken to Silchar Medical College Hospital.

Initially the girl alleged attack by some unidentified persons but did not report rape. On further questioning, she told the police that two men in black mask came in an auto-rickshaw, waylaid her, took her to the tea garden and raped her.

But the medical test done at Silchar Medical College Hospital today found no evidence of sexual assault. The police are now investigating various angles on how the girl received injuries on her throat.

"We suspect she is witness to something and is under threat from someone. We are questioning family members and neighbours," said Bora.  

Woman loses dowry case against husband, in-laws


Woman loses dowry case against husband, in-laws

http://timesofindia.indiatimes.com/city/hyderabad/Woman-loses-dowry-case-against-husband-in-laws/articleshow/19641464.cms

HYDERABAD: It is an unusual case of a woman being found guilty in a dowry harassment case! Not having been convinced by her complaint that the relatives of her husband had beaten her in her parents' house, the AP High Court has quashed a dowry case against them.

Responding to a plea by the family of the husband including his parents, sister, brother, etc, Justice Reddy Kantha Rao said allowing this case to proceed up to trial stage would only result in substantial injustice to the husband's family.

"The alleged attack is unlikely to have happened because the place of occurrence is her parents' residence where all her friends and relatives would have been around and prevented an attack on her. This attack theory seems to have been invented only for the purpose of implicating the husband and his entire family in a dowry case," the judge said.

The judge made this order after hearing the petition filed by Tummala Ramnarayana, the father-in-law of the woman, of MVP Colony, Visakhapatnam, who urged the court to quash the dowry harassment case.

The woman, mother of a 3-year-old daughter and hailing from Rajahmundry, said that her husband and his family had harassed her for additional dowry. She claimed her parents gave her husband Rs 15 lakh as dowry at the time of her marriage. According to her, he had quit his job because of mounting debts in Visakhapatnam. Though her parents brought the couple to Rajamundry, he ran into debts there as well. When she objected to his bad ways, he beat her, demanded Rs 5 lakh more for clearing the debts and went away to Vizag, she said.

According to her, it was after this that the parents of her husband and his relatives came to Rajahmundry and beat her at her house when her mother and brother were not at home. Following her complaint, a local court referred the matter to police.

The judge in his order said that even the chargesheet filed by the police was nothing but a replica of her complaint. The judge in his order said that beating a woman in her native place in the middle of her friends and relatives by her husband's family looked improbable and unnatural and quashed the case initiated by the Rajahmundry court

IT company’s owner booked in dowry case


IT company’s owner booked in dowry case

http://timesofindia.indiatimes.com/city/lucknow/IT-companys-owner-booked-in-dowry-case/articleshow/19642367.cms 

 LUCKNOW: Owner of a city-based IT company was booked in a dowry harassment case on Friday. Victim Sonali (name changed) is an MBA and has pursued studies at a prominent Pune-based institute. She got married to 32-year-old Sachin Agarwal in February last year after courtship of more than five years.

Sachin denied the allegations and said he was being falsely implicated.

"My wife is being influenced by somebody," said Agarwal, the managing director of a small-size IT company located on the Sitapur Road. Agarwal is also into real estate business and has constructed several independent houses in Aliganj area.


According to the victim, Sachin and his mother had been harassing her over dowry related demands for past few months. Parents of the victim are settled in Jhansi and her own an electronic good store.

Sonali shared that her parents were of conservative views and instead of supporting, asked her to handle the situation somehow.

"I have made up my mind before approaching cops. I will find a job and live independently," she said. Agarwal stays in the plush Sector B of Aliganj with his family.

Taufeeq Khan, in charge of Aliganj police station, said: "The case had been registered and matter will be directed to mahila thana (women police station) for mediation and further action."

Meanwhile, some women rights activists and friends have come out in support of Sonali. 

Woman, 20, Rapes 14-Year-Old Boy By Knife Point

Woman, 20, Rapes 14-Year-Old Boy By Knife Point 

http://elitedaily.com/elite/2012/woman-20-raped-teenage-boy-14-knife-point/ 

A 20-year-old Ohio woman has been charged with raping a teenage boy at knife point. Jamie Nichole Phillips of Union Township, Ohio is alleged to have held the 14-year-old boy hostage at knife-point. Phillips ordered the boy into her apartment where he was forced to perform sex acts. Police said the boy was not physically harmed during the ordeal.


Ohio prosecutors said they had never come across a case where a woman was involved with violence to carry out rape. With details that are worth the raunchiest of movies, police were equally stunned after listening to the allegations by the teenage boy.


‘In my entire career in law enforcement I think I’ve seen one other case like this,’ Sgt Scott Blankenship told WCPO.
The alleged rape took place as the boy left his mother’s home in Union Township.

Police said as the boy left Phillips approached him and held a knife to his throat and ordered him into her nearby apartment.


The sex ordeal ended when someone knocked on Phillip’s door and the boy was able to leave.


Blankenship said investigators found a knife at the scene and other supporting evidence.

Describing the rape, Blankenship said: ‘This young juvenile victim walked out from visiting his mother to get something out of the car.  


‘When he walked outside, a neighbor, which he had been associated with simply by being her neighbor, approached the victim put a weapon to his throat and chest area, and ordered him back into the apartment.’


Phillips is charged with rape, unlawful sexual conduct with a minor, kidnapping and felonious assault.

Clermont County Prosecutor Don White told WCPO that Phillips faces a maximum of 31-years in prison. 


She is being held at the Clermont County Jail on a $200,000 cash bond.


‘I’ve been an elected prosecutor for 24 years.  I’ve not seen a forcible rape like this where a weapon was used involving a woman,’ said White.

 

One-third of domestic plaints against men are false: Madurai DSWO

One-third of domestic plaints against men are false: Madurai DSWO

http://www.thehindu.com/news/cities/Madurai/onethird-of-domestic-plaints-against-men-are-false-madurai-dswo/article4588040.ece 

About one-third of complaints received from women in Madurai accusing men of dowry harassment, domestic violence and other such malice are found to be false in enquiries conducted by the social welfare department, said R. Ananda Valli, District Social Welfare Officer.
Addressing the inaugural of a five-day training programme on counselling skills for ‘street educators,’ a term that refers to people providing support and care to street children, here on Friday, she said that even petty quarrels and domestic squabbles between married couples led to registration of criminal cases.
“Human values are plummeting as the value of money and immovable property is rising up. I think we should inscribe the words ‘forgive and forget’ in every wall of our house in order to constantly remind us of the need to lead a peaceful life especially in the wake of reducing life expectancy rate,” she said.
Stating that gender discrimination, child marriage, child labour, sexual abuse and sexual harassment at work place were some of the ills faced by the society, she said that about 300 women had complained of harassment at work place in a special camp organised by Collector Anshul Mishra on Women’s Day.
The training programme for street educators was organised by Madurai Institute of Social Sciences, an autonomous college affiliated to Madurai Kamaraj University, in collaboration with the National Institute of Social Defence under the Union Ministry of Social Justice and Empowerment.
It was inaugurated by Prema Cariappa, chairperson, Central Social Welfare Board (CWSB) in a function presided over by C. R. Saraswathi, chairperson, Tamil Nadu State Social Welfare Board. In her address, Ms. Cariappa said that sexual violence was one of the most despicable issue faced by women in the country. Disapproving the tendency to treat women as commercial objects, she said, that by doing so, such men were only exhibiting lack of values. She also recalled the contributions made by CWSB in putting an end to other social evils like bride burning.
“Every one says God is great. I think human beings can be equally great if they work towards creating a better world for everyone,” she added. Ms. Saraswathi said that domestic disputes could be solved better through counselling rather than expecting them to be solved in courts and police stations.
K. Sekar, Head, Department of Psychiatric Social Work, NIMHANS, Bangalore; programme coordinator D. Janet Vasantha Kumari; MISS chairman Dharma Venkata Perumal Raja; college’s governing board secretary D.V. Dharmasingh and Principal M. Kannan spoke.

 

Woman keeps son away from hubby, gets jail


Woman keeps son away from hubby, gets jail

http://timesofindia.indiatimes.com/city/chennai/Woman-keeps-son-away-from-hubby-gets-jail/articleshow/3746520.cms 

‘Harassed by wives, 22,000 men have committed suicide’


‘Harassed by wives, 22,000 men have committed suicide’

http://www.indianexpress.com/news/-harassed-by-wives-22000-men-have-committed-suicide-/543982/ 

MRA asked to withdraw nomination as he is fighting against 498a misuse

MRA asked to withdraw nomination as he is fighting against 498a misuse

http://www.thehindu.com/news/national/karnataka/facebook-posts-trigger-row/article4637358.ece?homepage=true