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Thursday 30 May 2013

Bride elopes with boyfriend, groom marries her sister

Bride elopes with boyfriend, groom marries her sister

NAGPUR: It's stuff Bollywood flicks are made up of. A bride eloped with her boyfriend, leaving the groom waiting at the marriage mandap at Ramteke Nagar on Wednesday. The woman, 22, returned in the evening, married to the man she loved. The groom, disheartened at first, had another surprise waiting for him, as the bride's family did not send him back empty-handed. They convinced the bride's younger sister to marry the groom, and everyone went home happy at the end of the day.

The drama started when a family from Pandhrabodi rushed to Ambazari police station with a request to help them find their daughter Reema (name changed), whose marriage was scheduled at 11am. The groom Shekhar (name changed), a computer teacher from Walni, had already reached the marriage venue with a 'baraat' of around 300 people. The bride's nervous family told police that she had left home early morning and was not traceable, with her mobile phone also unreachable.

Reema's family members also revealed that she was close to one Ravi (name changed). Sources in the neighbourhood also told the cops that Reema often frequented Ravi's place and the couple had been in a steady relationship.

Cops from Ambazari police station immediately rushed to Ravi's place at Sudamnagari. But Ravi too was untraceable and his mobile phone was switched off. The cops immediately flashed the registration number of Ravi's bike on the wireless to trace him, assuming that Ravi and Reema had gone together.

Meanwhile, the groom Shekhar and his family were crestfallen on learning about the incident. They started levelling allegations of fraud and cheating against Reema's family, for having kept from them the fact of her affair with Ravi. They were also upset that Reema had participated in marriage rituals at Shekhar's place a day earlier without any apparent reluctance expected of someone thinking of running away.

After a daylong drama of trying to trace them, Reema and Ravi returned in the evening after marrying each other. The cops, who had been worried about the possibility of the lovebirds taking a drastic step like suicide, were relieved to see them married and happy. "Police cannot take action since two adults have taken a decision to marry each other," said an officer of Ambazari police station.

However, the drama was not yet over, as Shekhar and Reema's families decided to end the matter on a happier note. Reema's younger sister Rita (name changed) was asked to marry Shekhar, and she agreed. Decked up in bridal make-up, she took Reema's place at the wedding and got married to Shekhar. 
 http://timesofindia.indiatimes.com/city/nagpur/Bride-elopes-with-boyfriend-groom-marries-her-sister/articleshow/20339828.cms 

Chembur man blamed wife, in-laws in suicide note on bedroom wall

Chembur man blamed wife, in-laws in suicide note on bedroom wall

Police, however, register accidental death as no one came forward to complain about in-laws.

The Chembur freelance photographer, who hanged himself at his residence on Monday, had allegedly written a 'suicide note' in pencil on the wall of his home, implying that his wife, her mother and aunt were responsible for his death.

Prakash Patni, 32, wrote on the wall of his room, "Because of my wife and her mother Jaishree Kundani and (aunt) Mohini Kundani it is over. These 3 persons are the reason".

Patni had also put up several posts on his Facebook profile, hinting of betrayal in love and that he was ending his life. He sent his wife who was at her maternal home an sms too, accusing her of wrongdoing.

The RCF police, however, registered only an accidental death as, according to them, no one came forward to register a complaint against his wife and her relatives.

"We registered an accidental death as no one filed any complaint," said Senior Inspector Dilip Yadav of the RCF Police Station. "Patni was financially unstable and used to gamble. He posted his status on his Facebook wall saying bye to his friends. We are also told that his wife had an affair which could be one of the reasons for his suicide, but we are investigating," Yadav added.

Patni's family have now said that they submitted an application to the RCF police on Wednesday, asking them to register a complaint against his wife Dimple, 28, her mother and her aunt.

A freelance photographer, Patni who married around 10 years ago, lived in a rented room in Chembur Camp with his wife and son Piyush, 7, for the past two years.

"We are not earning well, but my parents paid for his house rent and food bills each month," said Patni's brother Mohan, 34. "He had to only take care of his family's other expenses."

Mohan further said, "His fatherin-law has a garage in Chembur and his mother-in-law used to visit Patni's home everyday. We don't know how they harassed Patni, but it appears he was upset with his wife. Dimple was with her parents in Koparkhairane when he committed suicide. His mobile records show that at 2:30 am on Monday he messaged his wife saying 'Dear I am sorry. You have done wrong. Please don't do this to anyone'. The last sentence is mentioned on the wall of his room as well as his Facebook page."

Locals residents who did not want to be named said that Patni was very much into gambling and had problems in his personal life.

They also said that he used to pick fights with people.

Patni's body was discovered on Monday after his wife returned home around 1 pm. When he failed to open the door, she went around and lifted the window curtain and saw him hanging from the ceiling fan.

On Wednesday, when Mumbai Mirror contacted Dimple, she refused to comment.


http://www.mumbaimirror.com/mumbai/crime/Chembur-man-blamed-wife-in-laws-in-suicide-note-on-bedroom-wall/articleshow/20339088.cms 

Wednesday 29 May 2013

रेप की झूठी शिकायत दर्ज कराई थी, 10 साल के लिए अंदर

रेप की झूठी शिकायत दर्ज कराई थी, 10 साल के लिए अंदर

टीकमगढ़। मध्यप्रदेश के टीकमगढ़ जिले की एक अदालत ने थाने में सामूहिक बलात्कार की झूठी शिकायत करने के आरोप में दोषी पाए जाने पर आरोपी महिला को दस साल की सजा सुनाई है। अपर सत्र न्यायाधीश उपेन्द्र सिंह ने जिले के जतारा थाना क्षेत्र निवासी आरोपी महिला सावित्री को इस मामले मे दोषी पाए जाने पर यह सजा सुनाई।
अभियोजन के अनुसार आरोपी सावित्री ने 28 मार्च 1998 को जिले के जतारा थाने में अपने साथ हुए सामूहिक बलात्कार की शिकायत दर्ज कराई थी। पुलिस ने इस मामले में आरोपी छिंगा, मुश्ताक अली, सुरेश लोहार और बबलू अहिरवार को गिरफतार कर कोर्ट में पेश किया। 22 अप्रैल 1999 को तत्कालीन न्यायाधीश एस सी सिन्हा ने आरोपी बबलू को सजा सुनाई थी और साक्ष्य के अभाव में तीन आरोपी छिंगा, मुश्ताक और सुरेश को बरी कर दिया था।
इसके बाद अपील की सुनवाई के दौरान कोर्ट ने महिला सावित्री द्वारा सामूहिक बलात्कार की झूठी रिपोर्ट दर्ज कराने और गवाही के दौरान अपने बयान से मुकर जाने के कारण विशेष न्यायाधीश के निर्देश पर 1999 में मामला दर्ज किया गया था। इस मामले की सुनवाई पूरी करने के बाद कोर्ट ने फैसले में आरोपी सावित्री को दोषी पाते हुए दस साल के कारावास की सजा सुनाई।
रेप की झूठी शिकायत दर्ज कराई थी, 10 साल के लिए अंदर


http://khabar.ibnlive.in.com/news/100111/3

Youth ends life after wife refuses to return

Youth ends life after wife refuses to return

KANPUR: A 24-year-old youth allegedly hanged himself to death late on Monday night in Panki police circle. He was identified as Virendra Kumar son of AsahrfiLal and a resident of Ratanpur area.

Family members told that Virendra was quite tense after his wife refused to return from her parents' house.

According to police, Virendra's body was found hanging in the room of his house by other members on Tuesday morning. "He was tense but they never thought that it would drive him to take his life," said a police official at the Panki police station.

On Monday night, after having his dinner he went into his room and locked the door from inside.

He later hanged himself from the ceiling. The incident came to light when other family members tried to wake him up on Tuesday morning. When repeated knocks failed to evoke any response, they broke the door to find his body hanging from the ceiling of his room, the police said.The police further added, "No suicide note was recovered from the room, and investigations are underway".The police after conducting preliminary investigations sent the body for autopsy.
 http://timesofindia.indiatimes.com/city/kanpur/Youth-ends-life-after-wife-refuses-to-return/articleshow/20321254.cms 

CCTV dealer’s death: Wife, lover held

CCTV dealer’s death: Wife, lover held

NEW DELHI: Three days after a CCTV dealer was found dead in west Delhi's Uttam Nagar, his wife and her lover have been arrested. Police said Jyoti (28) had killed her husband Vinod with the help of Ajit and then tried to pass off as death from tuberculosis. The couple's five-year-old son was sleeping beside Vinod when the incident occurred.


"The wife and her lover Ajit (31) hail from Jharkhand. Ajit used to work for Vinod and was recently sacked after Vinod found certain malpractices and also suspected his wife of having an illicit affair. Ajit, however, returned a few days later and asked for forgiveness and Vinod hired him back. On Saturday after Vinod was asleep, Jyoti tightly held on to his legs as Ajit throttled him to death at the couple's residence in Om Vihar, Uttam Nagar," additional commissioner of police (west) V Renganathan said.

Jyoti told police the couple had an argument after which Vinod had retired to bed. "She said her husband was not keeping well and was suffering from tuberculosis. However, when we enquired, we found that Ajit was present at Jyoti's residence that night. We also found they first took Vinod to a private hospital at Tilak Nagar but backed off realizing the doctors might call the cops. Finally they took him to DDU Hospital from where we received the call," said an investigating officer.

The neighbours told police they suspected foul play. Police detained Ajit, who confessed to the crime later. 
 http://timesofindia.indiatimes.com/city/delhi/CCTV-dealers-death-Wife-lover-held/articleshow/20321268.cms 

Tuesday 28 May 2013

सेक्स के जाल में फंसाकर करते थे रईसजादों को ब्लैकमेल

सेक्स के जाल में फंसाकर करते थे रईसजादों को ब्लैकमेल

यूपी पुलिस ने मुरादाबाद में ए‌क कॉलगर्ल्स रैकेट का भांडेफोड़ किया है जो सेक्स के जाल में फंसाकर रईसजादों को ब्लैकमेल किया करता था। पुलिस ने पांच कॉलगर्ल्स व दो युवकों को गिरफ्तार किया है।

छापे के दौरान घर से करीब पांच लाख रुपये के अलावा कैमरा, वीडियो फुटेज, फोटो, नौ महंगे मोबाइल समेत कई आपत्तिजनक चीजें बरामद की गईं।

इन कॉलगर्ल्स का संबंध बेंगलुरु, लखनऊ, दिल्ली, आगरा जैसे बड़े शहरों से हैं। कॉल डिटेल के आधार पर इस नेटवर्क से जुड़े और लोगों की तलाश की जा रही है।

शनिवार रात पुलिस को बाहर से कुछ कॉलगर्ल्स के किसी पार्टी के लिए बुलाए जाने की सूचना मिली थी। इस पर सीओ सिविल लाइंस के निर्देशन में एसएसपी ने टीम का गठन करके छापे की कार्रवाई के लिए भेजा।

रात करीब 10 बजे जब पुलिस फकीरपुरा क्षेत्र में पहुंची तो वहां अफरातफरी मच गई। कोई कॉलगर्ल छत से कूदकर भाग निकली तो कोई बेड के नीचे छिप गई। करीब चार लड़कियां फरार हो गईं।

पुलिस पांच कॉलगर्ल्स और मकान मालकिन को लेकर थाने आई। जांच में पता लगा कि यह रैकेट अमीरजादों को फंसाकर उनकी अश्लील क्लिपिंग बनाता था और फिर ब्लैकमेल करता था।

मौके पर मिली रकम इसी ब्लैकमेलिंग के जरिए इकट्ठा की गई थी। कुछ लड़कियों की कॉल डिटेल निकलवाई गई तो पता लगा कि उनके तार देश के करीब एक दर्जन महानगरों से भी जुड़े हैं।

डायरी में कई सफेदपोशों के नाम
छापे की कार्रवाई के दौरान पुलिस को घर से एक डायरी भी मिली। जिसमें कुछ नाम और फोन नंबर लिखे थे। पुलिस ने यह डायरी खंगाली तो उसमें कई सफेदपोशों के नाम भी लिखे थे। एक पुलिसकर्मी का भी नाम मिला।

एसपी सिटी ने बताया कि सभी नंबरों की पड़ताल की जा रही है। यह नाम डायरी में क्यों लिखे गए थे? इस बात का जवाब नहीं मिल पाया है। मुमकिन है कि इस धंधे में कुछ बडे़ लोगों का भी हाथ हो। जांच के बाद ही कुछ कहा जा सकता है।

ऐसे करते थे ब्लैकमेल
लड़कियां ग्राहक के बुलावे पर अपने साथ कैमरा लेकर जाती थीं। होटलों में भी यह कैमरा लगा दिया जाता था। जिस मकान में छापा मारा गया, वहां अलग-अलग करीब 10 कमरे बने हुए हैं।

पकड़ी गई कॉलगर्ल्स में से दो नाबालिग बताई जा रही हैं। वहीं पुलिस ने मकान मालकिन के कथित पति और एक युवक को भी हिरासत में लिया है। एक युवती आगरा और एक मेरठ की रहने वाली है।


http://www.amarujala.com/news/states/uttar-pradesh/sex-racket-in-muradabad/ 

Brides can no longer commit crime of false dowry and 498a allegations

Brides can no longer commit crime of false dowry and 498a allegations

The subaltern trend is already visible now with few high court jusges are daring to stop prosecution of husbands when faced with evidently baseless dowry and harassment allegations. They have rightfull conceded that when the evidences are not even to prosecute thou shall not prosecute.
 
Section 482 is never meant to be an empty and toothless law. It meaning is clear that when there will be no justice is conducting prosecuting a case such cases have to be dropped. Supreme court cautioned that it should e used in rarest of rare case. Unfortunately it was used as an excuse and rarest of rare of false cases were quashed. The guidelines given by supreme court only lists down some of the reasons for quashing but in reality this section was never meant to be constrained in another way
 
In dowry and 498a cases till 2005 for 22 years there were only 5 cases of quash on merits .
 
The break in trend can be seen with the complete quashing of the case filed by a software Engineer currentlly working in Infosys. On quick analysis of the Complaint by the said Infosian Software Engineer The courts found out that there could not ever have been the possibllity of dowry case at all . It was the resentment of this infosys software Engineer towards the mother in law who used to visit the couple very infrequently and had prudently and safely stayed away from the couple . The lure of visiting the grandchild was too much for this el=derly grandwother and  visited the couple for just a day . This was resented and the software engineer filed a case of dowry and harassement against the her husband and his mother.
The courts clearly observerved that nowadays the turn in marital disputes have taken a curiopus disputes with the women turning agressors and found that there was no justification for the said software engineer to have filed any complaint with police station . This judgement was reported in ILR [1] 2006 .
 
In 2006 UP High court high court again provided relief against vexatious dowry and harassment cases observing  there had been no reason for the cases
 
In late 2006 chennai high court quashed the case of an SIF member completely .
 
In 2007 Delhi high court represented by justice Dhingra made the observsation that the those brides who come with gift horses should be punished. They give lots of gifts in marriage and when marriage goes sour they start screaming dowry and harassment . I tis nothing but a sick mentality gone sour after refusing to allow the prosecution of an husband.
 
The undertones of trend are clear . It needs to be strenghtened . Without  smoke there is no  question prosecuting someone for starting the fire. Merely the wife and her relative making sound of "fire fire " is no justification for prosecutingdowry , harassment cases.
 
If marriage goes sour go for divorce. If you do not have money then work and earn money is my messge to the young girls and women . Do not use 498a or  dowry cases as money making business
 
The courts are slowly starting to protexct against maliciouos prosecution and they will soon start prosecuting the malicous prosecuter. Time for Section 211 which has existed as dead letter for such long time is now to be brought alive . The trends are obvious. for too long and too much have 498a and DP act been allowed to be casue havoc to innocent families   
 
Final words from  the husband of the software Engineer working in Infosys
"
After all justice cannot be completely said to be done by merely stopping the prosection . Unless the malicious prosecuters are jailed the blood cancer of of 498a will not be arrested."
 

False dowry case? Man kills self

False dowry case? Man kills self

Lucknow, February 6 A 30-year-old man, Pushkar Singh, committed suicide by hanging himself from a ceiling fan at his home in Jankipuram area of Vikas Nagar, on Wednesday.
In a suicide note, addressed to the Allahabad High Court, Singh alleges that he was framed in a dowry case by his wife Vinita and her relatives, due to which he had to spend time in judicial custody for four months.
The Vikas Nagar police registered a case later in the day.
“During the investigation, if we find it necessary to question Vinita, we will definitely record her statement,” said BP Singh, Station Officer, Vikas Nagar.
Pleading innocence and holding his wife responsible for the extreme step he was taking, Singh’s note states: “I was sent to jail after a false dowry case was lodged against me by Vinita and her family, who had demanded Rs 14 lakh as a compensation. Neither my father nor I had seen such a big amount in our lives. We even sold our house to contest the case.”
According to reports, Singh married Vinita about two years ago and lived in Allahabad since.
Early last year, his wife left him and started living with her family.
A case under Sections 323 (voluntarily causing hurt), 498 (A) (cruelty by husband or relatives of husband) and 504 (intentional insult) was lodged by Vinita and her relatives before she left him.
In the note, Singh wrote he was in the Naini Central Jail from “September 29 to December 24, 2007”.
Shishupal Singh, Singh's brother-in-law, said he was disturbed ever since he released from jail. The court case constantly haunted him.
“After he was bailed out, he was living with his mother, younger sister and a physically-challenged brother in a rented house in Jankipuram.” The family had their own house in Indira Nagar, which was recently sold to meet the legal expenses, he added.
“While he searched for a job, he drove a three-wheeler for a living. A few days ago, he received a notice from the court and since then, he stopped stepping out of the house,” he said.

In the note, Singh further wrote: “I would also like to request Vinita not to harass my family in future. It was my mistake to marry her and I am repenting it by sacrificing my life.”

http://expressindia.indianexpress.com/latest-news/false-dowry-case-man-kills-self/270124/ 

Court says rape law is being misused by women

Court says rape law is being misused by women

Penal provisions on rape have been misused by some women who develop consensual physical relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said.

Justice Kailash Gambhir said rape law was often misused by women as weapon for "vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to marry them.

"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them," the court said in a recent order.

"Out of anger and frustration, they tend to convert such consensual sex as an incident of rape, defeating the very purpose of the provision," Justice Gambhir said, while hearing a case related to a woman's complaint against her lover in Rani Bagh area July 13, 2012.

The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years.

The court said that in many cases the woman first agrees to have consensual sex but she files a rape case against her boyfriend when the relationship breaks up in order to "force him to get married, making not only mockery of the marriage but also inflate the statistics of rape cases".

A trial court must cautiously examine the intentions of a complainant girl to find out whether the rape allegation was genuine or had malafide motives.

"There is a clear demarcation between rape and consensual sex and in cases where such controversies are involved, the court must very cautiously examine the intentions of both the individuals involved and to check if even the girl, on the other hand, is genuine or had malafide motives."

"Cases like these not only make a mockery of the sacred institution of marriage but also inflate the statistics of rape cases which further deprecates our own society," the court said.
http://indiatoday.intoday.in/story/women-misuing-rape-law-marriage-consensual-sex/1/273110.html

Bangalore gets 25 divorce cases daily

Bangalore gets 25 divorce cases daily

Marriage to a successful techie, beginning a new life in a new city it seemed like a beautiful dream for Poonam Nath (name changed). But within a year, everything turned bitter and the couple separated. Poonam is not alone. The city sees an average of 25 divorce cases filed every day.

According to a recent survey by the Children's Rights Initiative For Shared Parenting (CRISP), around 13,000 cases of divorce are pending in various family courts in Bangalore. Of these 5,000 were filed in 2008.

"Now, I am staying alone and have managed to get a job in a BPO," said Poonam (23), who is from Kolkata.

"On an average, divorce cases take three to four years to get disposed of in Bangalore," said Kumar Jahgirdar, president of CRISP.

Lawyer Bhavana P said, "Cases get disposed of easily if couples opt for divorce by mutual consent. Some cases are pending because as per matrimonial law a year is given for reconciliation."

Experts vary on the reasons for the rise in divorce rate in Bangalore.

"There are reasons galore for the rise in divorce cases. Urbanisation and increasing violence against women and financial stability of both husband and wife, to name a few," said Dona Fernandes, a member of women rights' group Vimochana.
"Today's empowered women are refusing to follow the traditional diktats of Indian marriages. Marriage is the biggest form of displacement for any woman as she has to shift from her home (natural habitat) to her husband's home.
"It is the wife who is supposed to adjust. But today's financially strong women are not ready to take undue pressure on their individual existence and thus marital discords are bound to increase," said Fernandes.
Echoing the view, marriage counsellor Sujit Kumar says that financial stability is a major cause of rise in divorces.
"The couples do not try to work out the marriage as they are confident they can lead a life independently as both are financially stable," he said.
Psychiatrists are of the view that with stress and long working hours with little time for each other, couples drift apart and end up being separated.
Sanjanthi Sajan, who runs a firm that handles several such cases, says at her firm the basic idea is to stop couples going to court.
"We have counsellors who talk to couples to avoid going for a divorce," said Sajan.
Vishwanath B.N., a city-based advocate who handles divorce cases, says that today's couples do not try to reconcile and are in a hurry to end the marriage.
"There is very little that can be done to save the marriage after it comes to court," he said.

http://www.mid-day.com/news/2009/jul/230709-Bangalore-news-25-divorces-daily-cases-techie-couples.htm

Septuagenarian couple in divorce battle

Septuagenarian couple in divorce battle

HYDERABAD: Marriages, it seems, are not made in heaven. Or so narrates the tale of 75-year old P Ramesh* who has filed for divorce from his wife of 52 years alleging mental agony and also for putting him behind bars on charges of dowry harassment more than three decades after they got married.

Surprisingly, Ramesh mustered enough courage to divorce his 70-year-old wife Sulekha* half a century later last year, saying his marital maladies began on November 11, 1961, the day his marriage was solemnized.

But the family court judge at Purani Haveli has been waiting for Sulekha to file a counter, which has not come so far, court officials said, and Ramesh's long wait for freedom has been delayed by more than a year now.

Sulekha lives alone in the city after she got separated from her husband 14 years ago, but court officials could not say why she has not yet filed a counter, although she was seen at court a few times. The divorce petition says both are 'incompatible'.

The septuagenarians worked in government departments and are both drawing pension and have three sons, who are all employed. Ramesh, in his original petition (OP) said that he could no longer live with Sulekha as she had caused him mental agony by accusing him of having an amorous disposition and had 'banished' him from his house on account of this, a charge he denies.

The allegedly henpecked septuagenarian's pleas for respite from the 'ill-treatment and harassment' at the hands of his wife will be heard on June 21 as the court has called for Sulekha's counsel to file a counter as the court's last attempt to try and save the marriage.

If the respondent still doesn't respond with a counter, the case is likely to be posted directly for evidence in the petition, lawyers said.

In 1999, 38-long years after their marriage, Sulekha had slapped various cases against Ramesh, including dowry harassment under section 498-A, 393 (voluntarily causing hurt) and 506 (criminal intimidation) of the IPC for which the XIII metropolitan magistrate had convicted him for six months.

Ramesh still decided not to take the extreme step, but the situation he says has come to such a pass that he has prayed that the marriage be dissolved as soon as possible, and he be awarded costs as the court deems fit.

Ramesh alleges in his petition that Sulekha had an 'ulterior motive' for marrying him in addition to claiming that he had invested in immovable properties, which were purchased in his wife's name. She was not a 'dutiful' wife, he adds in the petition. 
  http://timesofindia.indiatimes.com/city/hyderabad/Septuagenarian-couple-in-divorce-battle/articleshow/20302958.cms 

Monday 27 May 2013

'Divorce epidemic due to sex-starved marriages

'Divorce epidemic due to sex-starved marriages

NEW DELHI: Sex-starved marriages leading to divorce are becoming an "epidemic", the Delhi high court has observed, while granting divorce to a husband, maintaining that denial of sex by his wife amounted to mental cruelty.
The man argued that in the five months he and his wife stayed as a couple after marriage, they had sex only 10-15 times. Dismissing the wife's plea against divorce, Justice Kailash Gambhir noted in his order earlier this week: "Although it is difficult to exactly lay down as to how many times any healthy couple should have sexual intercourse in a particular period of time as it is not a mechanical but a mutual act, there cannot be any two ways about the fact that marriage without sex will be an insipid relation."

According to case records, the couple married in February 1991 but the wife left five months later.
The Delhi high court has granted divorce to a husband, maintaining that denial of sex by his wife amounted to mental cruelty.
The court was hearing her appeal against the decision of a lower court to grant divorce to the husband. Denying her husband's charges, she sought the marriage to be restituted.
The man, however, claimed that she had refused to have sex with him on the wedding night and was thereafter unresponsive; she "was like deadwood when he had sexual intercourse with her". Dismissing the wife's plea, Justice Gambhir stressed the importance of a healthy sexual relationship between a normal couple, though there may be exceptions.
"The sanctity of sexual relationship and its role in re-invigorating the bond of marriage is getting diluted and as a consequence more and more couples are seeking divorce due to sexual incompatibility and absence of sexual satisfaction," Gambhir said. "That 'the twain shall become one flesh, so that they are no more twain but one'...(is the) real purpose of marriage ."
The court also took into account the wife's refusal to participate in traditional ceremonies and quarrels with her in-laws. The husband had also accused her of trying to steal jewellery from her mother-in-law. The fact that she slapped a dowry harassment in the Crime Against Women Cell only case to later unconditionally withdraw it, also raised HC's suspicions that her denials were baseless.
While acknowledging that "what happens in the four walls of the matrimonial home and what goes inside the bed room of a couple is either known to them or at the most members of the family", Justice Gambhir found the testimony of the husband more creditworthy because his father seconded it while the wife failed to provide any evidence in her favour.
http://articles.timesofindia.indiatimes.com/2012-03-25/india/31236372_1_grant-divorce-mental-cruelty-marriage 

Women using rape laws for vengeance, Delhi high court says

Women using rape laws for vengeance, Delhi high court says

NEW DELHI: For the third time in less than a week, the Delhi high court has decried that rape laws are often misused by women.
Flagging the issue in a judgment on Saturday, Justice Kailash Gambhir said rape cases are being used as "a weapon for vengeance and vendetta" to harass and even force a boy to marry.

While granting anticipatory bail to a man facing rape charges from a woman claiming to be his wife, HC added that in many cases woman first has consensual sex but later files rape case against her boyfriend when the relationship breaks up in order to force him to get married, making not only "mockery" of the marriage but also inflating the statistics of rape cases.
"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to her," HC said advocating extreme caution to judges who should "cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has malafide motives".
Earlier this week, Justice G P Mittal and Justice Suresh Kait in separate judgments quashed FIR's relating to rape of a minor and gang-rape of a private executive respectively, after they found too many discrepancies or contradictions in victims' statements. The common theme in all three judgments was the advice to courts not to get swayed by mere allegations of rape, howsoever heinous, but sift through evidence before convicting anyone.
Justice Gambhir, while dealing with the anticipatory bail plea pointed out that for a period of more than two years, the woman enjoyed physical intimacy with the boy. She lodged an FIR alleging rape only when he spurned her offer of marriage when she took help of the police to forcibly marry him even though the marriage was never consummated, as per the FIR.
In her complaint, she justified the delay on the grounds she was threatened and blackmailed by the boy and his kin to keep quiet otherwise she might have been killed. Being the victim of such a reprehensible crime, one should lodge a complaint immediately, or within a reasonable period of time unless there are sufficient reasons to explain the long delay, the court said.
"Delay in lodging an FIR, in such like cases can ultimately diminish the chances of conviction, as due to such delay, the medical evidence and the other circumstantial evidence may rarely be available to support the case of prosecution," it said.
While acknowledging there is a manifold increase in the crime concerning rapes, HC said all the rape cases which are filed have their "own individual story and factual matrix". It agreed most of the cases may be genuine, wherein the girl is a victim of the horrifying crime, or has been forced, blackmailed, threatened to enter into physical relationship with a male on the false pretext of marriage with the sole intent to physically exploit the girl "but there may be cases where both persons out of their own will and choice, develop a physical relationship". 

http://articles.timesofindia.indiatimes.com/2013-05-26/india/39538054_1_justice-g-p-mittal 

Woman accuses cops of inaction in dowry case

Woman accuses cops of inaction in dowry case

CHANDIGARH: A resident of Punjab has accused Chandigarh police of inaction in a dowry complaint filed by her against her husband and mother-in-law. Anu Bhandari of Phagwara had filed a complaint with the women and child protection unit of Chandigarh police on April 8 this year. She has alleged that the UT cops finally lodged an FIR on May 22.
The complainant"s husband Pradip Bhandari, a lawyer and a resident of Sector 18, has been booked under sections 406 (criminal breach of trust) and 498 A (subjecting wife to cruelty) of the IPC.
 
"Police is not interested in expeditiously investigating the case and seems to be under the influence of the status of my father-in-law Justice (retd) K P Bhandari. I have no problem with my father-in-law or any other relatives on my in-laws side. However, my husband and mother-in-law Prabha Bhandari have been harassing me for the past many years for dowry. Police have not mentioned my mother-in-laws name in the FIR," Anu said at a press conference here on Saturday.
Anu married Pradip in 1997 and from the last two years she is living separately. The couple has a teenaged daughter and a five-year-old son.
"I have met all senior officials, but the investigating officer is not taking any action. Whenever I contact him, he asks me to bring more documents and evidence. All my belongings are at my husband"s house. By delaying his arrest, police is giving him time to remove all evidences," she added.
Harbhajan Singh, investigating officer in the case, said, "We are not under any influence. An arrest would be made once preliminary probe is complete and there is sufficient evidence against the accused."

http://articles.timesofindia.indiatimes.com/2013-05-26/chandigarh/39537383_1_dowry-case-dowry-complaint-ut-cops 

Man gets three-year jail for adultery, trashes rape charge

Man gets three-year jail for adultery, trashes rape charge 

A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
 A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation.

Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.

The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.

She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.

Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.

The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.

During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.

He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.

The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf


A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord's wife. Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman's consent and a child was born of the illicit relation. Kapoor, a resident of Delhi's Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman's request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
- See more at: http://www.indianexpress.com/news/man-gets-threeyear-jail-for-adultery-/trashes-rape-charge/1119705/0#sthash.mThs7Wnp.dpuf

Women misuse rape law to force lovers to marry them: Delhi High Court

Women misuse rape law to force lovers to marry them: Delhi High Court

http://ibnlive.in.com/news/women-misuse-rape-law-to-force-lovers-to-marry-them-delhi-high-court/393929-3.html

New Delhi: Penal provisions on rape have been misused by some women who develop consensual physical relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said. Justice Kailash Gambhir said rape law was often misused by women as weapon for "vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to marry them.
"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them," the court said in a recent order.
"Out of anger and frustration, they tend to convert such consensual sex as an incident of rape, defeating the very purpose of the provision," Justice Gambhir said, while hearing a case related to a woman's complaint against her lover in Rani Bagh area on July 13, 2012.

The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years. The court said that in many cases the woman first agrees to have consensual sex but she files a rape case against her boyfriend when the relationship breaks up in order to "force him to get married, making not only mockery of the marriage but also inflate the statistics of rape cases".
A trial court must cautiously examine the intentions of a complainant girl to find out whether the rape allegation was genuine or had malafide motives. "There is a clear demarcation between rape and consensual sex and in cases where such controversies are involved, the court must very cautiously examine the intentions of both the individuals involved and to check if even the girl, on the other hand, is genuine or had malafide motives."
"Cases like these not only make a mockery of the sacred institution of marriage but also inflate the statistics of rape cases which further deprecates our own society," the court said.

 Judgement can be found on : http://lobis.nic.in/dhc/KG/judgement/25-05-2013/KG22052013BA3112013.pdf

Saturday 25 May 2013

बालिग की सहमति से सेक्स पर रेप केस नहीं, बशर्ते...: सुप्रीम कोर्ट

बालिग की सहमति से सेक्स पर रेप केस नहीं, बशर्ते...: सुप्रीम कोर्ट

नई दिल्ली।। सुप्रीम कोर्ट ने कहा है कि बालिग गर्लफ्रेंड की सहमति से यौन संबंध स्थापित करने वाले व्यक्ति पर रेप के आरोप में मुकदमा नहीं चलाया जा सकता, बशर्ते उसकी अपने पार्टनर से शादी करने की मंशा हो।

न्यायमूर्ति बी एस चौहान और न्यायमूर्ति दीपक मिश्रा की खंडपीठ ने कहा कि यदि लड़की प्यार में यौन संबंध स्थापित करती है, लेकिन किन्हीं कारण से उनका विवाह नहीं हो सका तो ऐसा व्यक्ति रेप का आरोपी नहीं हो सकता। न्यायाधीशों ने कहा, 'अदालत को इस तथ्य की पड़ताल करनी चाहिए कि क्या आरोपी ने शुरू में विवाह का झूठा वायदा किया था और क्या यौन संबंध के स्वरूप और परिणाम को पूरी तरह समझते हुए इसकी सहमति दी गई थी।'

सुप्रीम कोर्ट ने कहा, 'ऐसा भी हो सकता है कि पीड़ित आरोपी के प्रति अपने प्रेम और लगाव के कारण सेक्स के लिए तैयार हो गई हो और आरोपी द्वारा गलत तस्वीर पेश करने के कारण ऐसा नहीं हुआ हो। विवाह करने की मंशा रखने के बावजूद आरोपी अगर अपरिहार्य कारणों या परिस्थितियों की वजह से विवाह करने में असमर्थ रहा हो, तो ऐसे मामलों पर अलग दृष्टिकोण अपनाने की आवश्यकता है।'


http://navbharattimes.indiatimes.com/india/national-india/man-cannot-be-prosecuted-for-rape-for-consensual-sex-with-major-woman-sc/articleshow/20155436.cms 

पांच लाख के लिए मिल रही थी धमकी, इतना परेशान हो गया कि खा लिया जहर

पांच लाख के लिए मिल रही थी धमकी, इतना परेशान हो गया कि खा लिया जहर 


उदयपुर। नाई थाना क्षेत्र के छोटा हवाला गांव में गुरुवार को एक ग्रामीण ने जहर खा लिया। वह एक अन्य ग्रामीण की धमकियों से परेशान था, जो उसे दहेज प्रताड़ना के मामले में फंसाने के नाम पर पांच लाख रुपए मांग रहा था।
घटना क्रम के अनुसार छोटा हवाला निवासी चंदन सिंह गमेती (48) ने शाम चार बजे के आसपास जहर खा लिया।
 
 
परिजन उसे नाई के सामुदायिक स्वास्थ्य केंद्र ले गए। हालत बिगड़ने पर डॉक्टर ने एमबी हॉस्पिटल भिजवा दिया। रात साढ़े 11 बजे उसे यहां लाया गया। चिकित्सकों ने उसकी हालत गंभीर बताई है। चंदन सिंह के बयान के आधार पर पुलिस ने गांव के ही शंकर सिंह गमेती के खिलाफ मामला दर्ज किया है।
 
 
यह थी तनाव की जड़
चंदन सिंह के मुताबिक उसके बेटे विक्रम सिंह और बहू के बीच विवाद हो गया था। जाति पंचों के बीच मामला पहुंचा और उनके फैसले से दोनों अलग हो गए। पंचों ने वधू पक्ष को तीन लाख 81 हजार रुपए देना भी तय किया था। गांव वालों की मौजूदगी में यह रकम लड़की वालों को दे दी गई, लेकिन कुछ दिन बाद खुद को मौतबिर बताने वाले शंकर सिंह पुत्र लाल सिंह गमेती ने समझौता करवाने के नाम पर पांच लाख रुपए की मांग शुरू कर दी। रुपए नहीं देने पर वह दहेज प्रताड़ना के मामले में फंसाने की धमकियां दे रहा था।
 

Anyone can record a dying declaration, Supreme Court rules


Anyone can record a dying declaration, Supreme Court rules

NEW DELHI: You need not be a police officer, doctor or a magistrate to record the dying declaration, a statement accusing those responsible for the death of the person making his last possible statement.

The Supreme Court has found this to be true in law, at least in cases where the person dies of burn injuries. "The law on the issue can be summarized to the effect that law does not provide who can record a dying declaration, nor is there any prescribed form, format or procedure for the same," said a bench of Justices B S Chauhan and Dipak Misra while reversing the high court ordered acquittal in a dowry death case.

While indicating that any member of public could record the statement of a dying person, the bench said the only caveat was that the person recording the dying declaration must be sure that the one making the statement was in a proper mental condition to do so.

"The person who records a dying declaration must be satisfied that the maker is in a fair state of mind and is capable of making such a statement," said Justice Chauhan, who authored the judgment on behalf of the bench.

But, how does a lay man understand that a dying man is in a proper frame of mind to make the statement? The court left it to the discretion of the individual recording the statement and said a doctor's certificate about the dying man's mental condition was not necessary to make the dying declaration acceptable as evidence.

"Moreover, the requirement of a certificate provided by a doctor in respect of such state of the deceased, is not essential in every case," the bench said.

In the case at hand, a Damoh trial court had convicted one Dal Singh and his wife for setting ablaze their daughter-in-law, who had been subjected to cruelty in the matrimonial home. However, finding that she had suffered 100% burn injuries, the Madhya Pradesh High Court acquitted the accused doubting the veracity of the woman's dying declaration.

MP's standing counsel Vibha Datta Makhija argued that the HC was not justified in doubting the dying declaration as there were sufficient evidence on record to show that the daughter-in-law was ill-treated by her parents-in-law and were responsible for her death.

"A person having 100% burns can make a statement, and a certificate provided by a doctor is not a condition precedent for placing reliance upon a dying declaration," she said and argued for reversal of the acquittal.
 http://timesofindia.indiatimes.com/india/Anyone-can-record-a-dying-declaration-Supreme-Court-rules/articleshow/20237310.cms 




Denying accused right to summon witness will derail fair trial, says Supreme Court

Denying accused right to summon witness will derail fair trial, says Supreme Court 

The trial court cannot deny an accused the right to summon witnesses he/she has cited for examination at any stage of trial, the Supreme Court has held.
“Fair trial entails the interests of the accused, the victim and of society, and therefore, includes the grant of fair and proper opportunities to the person concerned, and the same must be ensured as this is a constitutional as well as human right, said a Bench of Justices B.S. Chauhan and Ibrahim Kalifulla
Adducing evidence in support of defence was a valuable right. Denial of such right would amount to denial of a fair trial. It was a cardinal rule of the law of evidence that the best available evidence must be brought before the court to prove a fact or a point in issue, the Bench said.
The Cr.PC conferred a very wide discretionary power on the court in this respect. It might summon any person as a witness at any stage of the trial or other proceedings, even suo motu if no application was filed by either of the parties.

Cardinal caution

“However, the court must satisfy itself that it is in fact essential to examine such a witness or recall him for further examination in order to arrive at a just decision of the case. An application [filed by an accused to summon witnesses] under Section 311 Cr.PC must not be allowed only to fill a lacuna in the case of the prosecution, or of defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party. Further, the additional evidence must not be received as a disguise for retrial, or to change the nature of the case against either of the parties,” Justice Chauhan said, writing the judgment.
In the instant case, Natasha Singh was aggrieved over a trial court order rejecting her application, under Section 311 Cr.PC, to summon certain witnesses. It observed that examination of the witnesses sought to be examined by the appellant-accused was in fact unnecessary, and would in no way assist in arriving at a just decision of the case.
The Delhi High Court upheld the trial court order. The Supreme Court, allowing the appeal against this judgment, directed the trial court to examine the witnesses sought to be examined by Natasha. 

प्रेम प्रसंग में बाधा बन रही सास को बहू ने उतारा मौत के घाट

प्रेम प्रसंग में बाधा बन रही सास को बहू ने उतारा मौत के घाट

चंदौली| उत्तर प्रदेश के नक्शल प्रभावित जिले चंदौली के चकिया कोतवाली के ताला गाँव में एक कलयुगी बहु ने अपने प्रेम प्रसंग में बाधा बन रही अपनी सास को अपने पिता व उसके रिश्तेदार के सहयोग से बड़ी ही बेरहमी से मौत के घाट उतार दिया। मृतका की चीख सुनकर आसपास के लोग मृतका के घर की दौड़े। आरोपी दोनों लोग घर में रखे भूसे के ढेर में जा छुपे। रात भर ग्रामीणों ने घर को घेरे रखा और सूचना पर पहुची पुलिस के आने के बाद ही वहां से हटे। पुलिस ने घर में छुपे मृतका के समधी, उसके रिश्तेदार और मृतका के बहु को गिरफ्तार कर लिया और ह्त्या में प्रयुक्त हथियार को भी बरामद कर लिया है । पुलिस का कहना है कि हत्या के पीछे प्रेम प्रसंग प्रमुख कारण है ।

दरअसल मृतका अशर्फी देवी के बड़ी बहु नीतू का प्रेम प्रसंग उसके छोटे बेटे गुड्डू के साथ चल रहा था । मृतका के बड़े बेटे की लगभग चार साल पहले सांप के काटने से मौत हो गयी थी। तब तक छोटे बेटे गुड्डू का गवना नहीं हुआ था। इसी दौरान दोनों एक दुसरे के प्रेम में बध गए। छोटे बेटे गुड्डू की रावर्त्सगंज में शादी हो गयी । गुड्डू की पत्नी को उसकी जेठानी और अपने पति का मेल जोल अच्छा नहीं लगता था । दोनों के प्रेम प्रसंग से तंग आ कर गुड्डू की पत्नी मायके चली गयी और रावर्त्सगंज थाने में दहेज़ उत्पीडन का मुकदमा दर्ज करा दिया। जिसमे पुरे परिवार को जेल जाना पड़ा और ज़मानत पर रिहा हुए| इतना सब कुछ होने के बाद भी दोनों का प्रेम प्रसंग जारी रहा। इसी बीच मृतका की बड़ी बहु नीतू ने अपनी सास को रास्ते से हटाने की योजना अपने पिता के साथ मिलकर बना डाली। प्लान तैयार किया गया की आधी रात में अशर्फी देवी की ह्त्या कर दी जायेगी और इल्जाम अपने मायके में रह रही छोटी बहु पर लगा दिया जाएगा। पर दुर्भाग्य येसा नहीं हो सका । आधी रात में अपने घर के बाहर सोयी अशर्फी देवी को बहु ने पहले घर के अन्दर बुलाया और पहले से ही घर में मौजूद बड़ी बहु नीतू के पिता और उसके पिता के रिश्तेदार ने घर में ही रखे मूसल और कुल्हाड़ी से वार कर अशर्फी देवी की हत्या कर दी।

इस दौरान अशर्फी देवी अपने पर हमला हुआ देख चीखने लगी। उसकी चीख जब पड़ोसियों ने सुनी तो तुरंत उसकी घर की ओर भागे। अपने को घिरता देख मृतका के समधी व उसका रिश्तेदार घर के ऊपर के कमरे में रखे भूसे के ढेर में जा छुपे। आक्रोशित ग्रामीण रात भर घर को घेरे रहे। ग्रामीणों की सूचना पर पहुची पुलिस ने भूसे के ढेर में छुपे मृतका के समधी, उसके रिश्तेदार व बड़ी बहु नीतू को गिरफ्तार कर लिया है।


http://hindi.pardaphash.com/news/--731371/731371.html

India Inc trying to get proactive in handling sexual harassment cases

India Inc trying to get proactive in handling sexual harassment cases

MUMBAI/BANGALORE/NEW DELHI: For 100,000 employees in the group, ICICI gets 60-odd sexual harassment complaints in a year. Of this, 30-40% are found to be true. India's second-largest bank by assets does not insist on absolute proof when it comes to allegations of sexual harassment. In case of circumstantial evidence, the person is asked to resign. If there is stronger proof, the person is sacked.

ICICI is among a few companies that are pre-emptive in dealing with a problem that is real and exists across corporate India. Most Indian companies have an ostrich-like approach to the problem and would rather not talk about the problem.

Even those that are relatively proactive, admit instances of sexual harassment and office relationships are a minefield of sorts, especially those of the boss-subordinate variety as in the Phaneesh Murthy case.

"A boss-reportee relationship is taboo and a relationship between peers is fine as long as it does not impact office work. Extra-marital relationships on the other hand are not kosher anywhere in the world," says TV Mohandas Pai, chairman of Manipal Global Education and a former board member of InfosysBSE -0.51 %. "There should be zero tolerance for undue advantage taken in a boss-reportee relationship or sexual harassment of any kind," he says.

"When you are in an organisation where you are responsible for people, it is a custodial position. Consequently, senior leadership has to see their jobs as custodians," says K Ramkumar, executive director, ICICI BankBSE 2.60 %. "It's a breach of trust when there is a case like this (referring to all such cases), not just to the people, but to the institution you are working for."

http://economictimes.indiatimes.com/news/news-by-company/corporate-trends/india-inc-trying-to-get-proactive-in-handling-sexual-harassment-cases/articleshow/20183513.cms

Man sets son-in-law on fire

Man sets son-in-law on fire

FATEHABAD: A man killed his son-in-law by setting him on fire in Bhattu Kalan of Fatehabad district on Tuesday night. While the victim Sunil Kumar, 26, died on the spot, his father and brother, who were also attacked, have been hospitalized. Police officers said that there was a dispute between Jagdish Kumar, the accused, and Sunil Kumar over the latter not treating his wife properly. The victim was a labourer by profession and a resident of Bhattu Kalan.

According to the police complaint, victim's father Mahender Singh said, "My son got married on April 9, 2011, and just after the marriage, the couple had problems in their relationship. The girl returned to her house and her father Jagdish Kumar reached our house with two men. They began to argue with my son, poured oil on him and set him on fire." When contacted, DSP city Naripjit Singh said that a case has been registered under Section 302 (murder) of IPC, and teams have been constituted to nab the accused. 
 http://timesofindia.indiatimes.com/city/chandigarh/Man-sets-son-in-law-on-fire/articleshow/19827897.cms 

NCPCR hauls up Haryana in school sex abuse case


NCPCR hauls up Haryana in school sex abuse case

 GURGAON:The National Commission for Protection of Child Rights ( NCPCR) has issued notices to the Haryana Police and the state education department after two women employees of a prominent Gurgaon school were arrested for sexually abusing a Class III student for past one year.

Setting a timeframe of seven days to file replies, letters were issued to Haryana director general of police and director-cum-special secretary of directorate of secondary education on May 23. The commission has recommended the police to book the accused under relevant sections of the Protection of (II) Children from Sexual Offences (POCSO) Act 2012. The DGP has been asked to ensure that the minor girl gets medical care, treatment and counselling. It has also been recommended that the girl and her family get assistance from Child Welfare Committee (CWC) for care, protection and rehabilitation.

The police have been asked to provide adequate security and protection to the victim and family members and ensure that she is not intimated by the accused directly or indirectly. Moreover, police have been asked to see that victim gets legal aid as well as compensation under the victim compensation scheme through District Legal Aid Service Authority. The chief of directorate of secondary education has been asked to provide the details of actions taken in the matter against the principal and teachers of the school. Besides that it has also been asked to provide the measures taken so far to stop such incidents of abuse from happening in the future in schools. The education department would have to provide details on directives issued to schools in this regard as well as on surveillance system put in place in schools. 
 http://timesofindia.indiatimes.com/india/NCPCR-hauls-up-Haryana-in-school-sex-abuse-case/articleshow/20256046.cms 
 

Backtrack on mutual divorce, face contempt proceedings: HC

Backtrack on mutual divorce, face contempt proceedings: HC

NEW DELHI: Couples who mutually consent in court to get a divorce but later have second thoughts can be hauled up for contempt of court, the Delhi high court has ruled.
Justice G S Sitani recently held one Gaurav guilty of contempt of court because he backtracked from his assurance given in court that he agreed to a compromise with his wife. It was on this assurance that the wife withdrew criminal proceedings against Gaurav, only to learn that her husband now wanted restitution of the marriage instead of divorce.

HC took a strong view of this somersault by Gaurav and said it seemed to be a ploy to get bail and quash the case lodged against him. Convicting Gaurav of contempt, the judge had even given the date for announcing punishment in February this year but discharged Gaurav after he agreed to abide by the divorce settlement and apologized profusely for his retraction.
The couple got married in 2006 but within a year the wife lodged a case of dowry harassment against Gaurav and his parents in the local police station. This led the accused to seek anticipatory bail from HC. Even as the bail plea was pending, the couple reached a settlement which was recorded by the court in its order in 2007. According to the settlement, the husband agreed to pay Rs 8 lakh towards full and final satisfaction of her claims and also agreed to divorce by mutual consent in response of which the wife agreed to withdraw the criminal case against her husband and in-laws.
However, soon after securing bail, Gaurav petitioned the court saying his matrimonial dispute be shifted to the mediation and conciliation centre and baulked from his earlier pledge that he will ensure a smooth mutual divorce.
This is what led the wife to seek contempt of court proceedings in HC.

http://articles.timesofindia.indiatimes.com/2011-03-03/delhi/28650110_1_mutual-divorce-gaurav-face-contempt-proceedings 

Friday 24 May 2013

Man beaten to death by wife, 3 in-laws

Man beaten to death by wife, 3 in-laws

TARN TARAN: A man was tied to an electric pole and beaten to death allegedly by his wife and three in-laws after a tiff in Muradpura area here.

Balkar Singh got married to Rajwinder Kaur around 18 years ago and a few months back they had a tiff leading to which Kaur came to her parent's house, police said.

Yesterday, Singh went to his in-laws house in an inebriated condition and started hurling abuses on them, said Harvinder Singh Sandhu, superintendent of police.

In a fit of rage, Singh's wife, her sister and their two brothers allegedly tied him with an electric pole and thrashed him severely, the SP said.

Singh died in a hospital later. A case against the four persons has been registered, the officer said, adding that they are absconding 
 http://timesofindia.indiatimes.com/city/ludhiana/Man-beaten-to-death-by-wife-3-in-laws/articleshow/20250372.cms 

HC blames rising prices for divorces

HC blames rising prices for divorces

New Delhi: "The city of Delhi is a costly place to live in. Family budgeting, especially when a child is born, is becoming a herculean task even for the financially well- off and even they come under financial stress and the same burdens cause stress on the matrimonial bond," the bench observed.

The remarks came as the court granted divorce to a man seeking dissolution of his marriage on the ground that his wife had filed several false complaints against him and his family members.

Rejecting the woman's plea challenging the trial court's order that ruled in favour of her husband, a bench of justices Pradeep Nandrajog and V. Kameswar Rao concurred with the findings of the family court.

We have no hesitation in holding that by filing numerous false complaints against Deepak (name changed) and his family members with the police and his office, she has caused mental cruelty to the husband," the bench said.

On December 14 last year, the family court had allowed the man's petition seeking dissolution of the marriage. Dismissing the wife’s contention that her husband had harassed her for dowry, the court said it had sufficient proof that the marriage did not involve any dowry.


http://in.news.yahoo.com/hc-blames-rising-prices--for-divorces-103807096.html

Wednesday 22 May 2013

गुड़गांव: महिला कर्मचारियों ने किया बच्‍ची का यौन शोषण

गुड़गांव: महिला कर्मचारियों ने किया बच्‍ची का यौन शोषण

गुड़गांव के एक नामी स्कूल में पढ़ने वाली 8 साल की मासूम बच्ची के साथ यौन शोषण का मामला सामने आया है. आरोप स्कूल की ही दो महिला कर्मचारियों पर है.
यह महिलाएं बच्ची के साथ अश्लील हरकतें किया करती थीं, शारीरिक शोषण का यह सिलसिला पिछले एक साल से चल रहा था. हाल ही में जब पीड़ित छात्रा के परिवारवालों ने जब बच्ची के व्यवहार में बदलाव महसूस किया तो उन्होंने इसकी छानबीन की. छानबीन में जो कड़वा सच सामने आया उसे जान पीड़ित छात्रा के माता-पिता हैरान रह गए.
परिवार का आरोप है कि स्कूल प्रसाशन ने शिकायत के बाद भी आरोपी महिला कर्मचारियों के खिलाफ कोई कार्यवाही नहीं की, जिसके बाद पुलिस को शिकायत की गई. मेडिकल में बच्ची के साथ सेक्शुअल हरासमेंट की पुष्टि हो गई है. पुलिस ने दोनों महिला कर्मचारियों के खिलाफ मामला दर्ज कर उन्हें गिरफ्तार कर लिया.
अन्य अपडेट लगातार हासिल करने के लिए हमें फेसबुक पर ज्वॉइन करें. आप दिल्ली आजतक को भी फॉलो कर सकते हैं.

Senior Delhi cop's son-in-law arrested for demanding dowry

New Delhi, March 25: A Delhi court Monday sent the son-in-law of a joint commissioner of Delhi Police to one day police custody, after his wife filed an FIR against him for demanding dowry. Duty Metropolitan Magistrate Preety Parewa sent Arun Singh, the son-in-law of Joint Commissioner (Security) D.P. Verma to police custody after he was arrested late Monday night. The court granted police custody of Singh as sought by police to recover jewelry of the woman from her husband's home. Singh, meanwhile, moved bail application before the court which would come up for hearing Tuesday. Filing the FIR at Hauz Khas police station, Singh's wife Nimisha alleged that she was harassed by her husband and in-laws for dowry. She said that they got married in June 2012, and it was love marriage. At the time of marriage there was no demand of dowry but they later started demanding dowry from her, she said. Singh, who works with a MNC in Gurgaon, however, alleged that Nimisha wanted to become a film actress to which he did not agree and thus she filed a false case against him. He further alleged that his wife went through a breast implant, without informing him.

Read more at: http://news.oneindia.in/2013/03/25/senior-delhi-cops-son-in-law-arrested-for-demanding-dowry-1180096.html


70% employed seniors forced to work

70% employed seniors forced to work

BANGALORE: Is India no country for old people? A survey has shown that the aged in the country continue to work hard. Worse, 70% of the working seniors say they do so out of compulsion, not by choice. The survey conducted by the Population Research Centre, Institute for Social and Economic Change (ISEC), Bangalore, has revealed that 42% of the male elderly continue to work even after crossing 60. And if one thought 60 plus was the higher age group, digest this. A good 13% of the male population aged above 80 also meaningfully employ themselves.

The shocker in the survey, conducted in the seven states of Kerala, Tamil Nadu, Odisha, Maharashtra, Punjab, Himachal Pradesh and West Bengal, is that 70% of the employed elderly are forced to work. With most of them in India still dependent on their children and choosing to stay with them, experts say it is the younger generation which forces the elderly to earn a livelihood and take care of their own expenses.

A good 49% of the seniors in India depend on their sons while 15% are dependent on their spouses. What is heartening is that a good 25% of them are not dependent on anyone to take care of their needs. "It is unfortunate that the elders are made to work even after they attain a certain age. The survey proves that households with elders are better off largely because of the money contributed by seniors," said K S James, head of the Population Research Centre.

10k is sample size

The seven states across the length and breadth of the country were chosen based on the sizeable population of the elderly there. While 8,792 households in the seven states put together were covered in the survey, 8,329 households were interviewed for the study. In all, a good 10,604 individuals were interviewed for this survey. The survey was done by ISEC in collaboration with the Institute of Economic Growth and the Tata Institute of Social Science. New Delhi based UNFPA was the supporting institute for the survey.

Karnataka not included

In Karnataka, the birth rate is low and the mortality rate has not declined which is why the density of elderly is not as high as in the chosen seven states. The demographic structure of Karnataka is such that it does not hold a significant number of elderly citizens. Karnataka, with a large number of young migrants, was therefore not a part of the survey.

QUOTE

Cost of living to blame

It is sad that the elderly continue to work as they need to contribute significantly to the family income. It appears they are forced to work rather than do it largely by choice. It is a trend slowly emerging as joint families are disappearing. Given the standard of living now, the elders too continue to work till they can to contribute to the family income, both in rural and urban areas

R S Deshpande, director, ISEC


WORKING INTO THE SUNSET

42% of the male elderly continue to work even after crossing 60

49% of the seniors in India depend on their sons

15% are dependent on their spouses

13% of men above 80 continue to work

(Source: ISEC)

Key observations

*Illiteracy, poor health and social backwardness are inter-related when it comes to the elderly. That clearly results in welfare loss of the elderly and makes them rather vulnerable to being neglected.

*There is a necessity for inter-generational solidarity - the dependence on the next generation must grow, only then will society be able to give the elderly their due respect.
 http://timesofindia.indiatimes.com/city/bangalore/70-employed-seniors-forced-to-work/articleshow/20188875.cms 

'Fake' rape cases reported as love turns sour

'Fake' rape cases reported as love turns sour


RANCHI: Many rape cases lodged in the district are often found fake after investigations, says a report by Ranchi police.
Police, during investigation, have found that a number of cases of "consensual sex" have been labelled as rape. It has been seen in many instances that the accused and the victim had an affair which later had turned intimate. The girl would later bring charges of rape against the boy after they break up. Lawyers say such cases turn weak and the accused are awarded lesser punishment.

A total of 35 cases of rape have been reported in the district in the last four months. In 18 cases, police have completed investigation and submitted chargesheet saying the victim had a relationship with the accused.

Ranchi SSP Saket Kumar Singh said, "A large number of rape cases are of this nature." Though initially, a case is lodged under Section 376 (rape), investigation reveals an altogether different story, said another police officer.

On January 4, 2013, Nitu Singh (name changed) had lodged an FIR with Tatisilwai police station claiming that a boy named Siril Tirki of the same police station area had raped her. The boy was arrested after the FIR. But during investigation, it was found that the victim was having an affair with the accused.

Similarly, Seema Kumari (name changed) had lodged an FIR with Nagri police station on March 11 where the woman claimed that Bandhan Oroan had raped her. The police soon arrested the accused. But during investigation, they found that the duo had physical relationship with mutual consent but the man later refused to marry her. In a total of 18 cases the police have submitted the charge sheet with a remark that the victim and the accused were into a relationship.

Senior lawyer Nitin Kumar Pasari said several such cases have been found where an accused had got intimate with a girl promising to marry her persistently tells her that he cannot live without her but ultimately refuses to marry her. It shows that he never intended to marry her and as such the punishment under Section 417 (cheating) of the IPC is justified. The punishment in this case is imprisonment for one year or fine or both.

In the case of rape (IPC 376), the law says the accused shall be punished with imprisonment term of seven to 10 years, which may extend to life imprisonment. The accused shall also be liable to fine.

Rajiv Kumar, senior lawyer says that in some cases the court charges the accused under 376 but such remarks in the case diary always weaken the case.

http://timesofindia.indiatimes.com/city/ranchi/Fake-rape-cases-reported-as-love-turns-sour/articleshow/20114700.cms