Cops bust gang of matchmaking crooks who conned 15 families
The Borivali police have
busted a gang that cons families of lakhs by posing as matchmakers. The
police arrested two members of the gang, Kalpana Patel (42) and Asha
Patel (45), who posed as a matchmaker and the mother of the prospective
bride, respectively. Jyoti Patel (22), who posed as the bride, is
absconding. The gang is believed to have duped 14 families in Gujarat
and one in Maharashtra of over Rs 50 lakh using this method.
About two months ago, complainant Bharat Dave (30) and his family got in
touch with Kalpana Patel, who lived at Gorai. Dave had been told that
she was a matchmaker and would find a suitable bride for him from within
the community.
Kalpana promised Bharat's family the perfect
bride and introduced them to Asha, saying that she had a daughter who
would be suitable for Bharat. Bharat and his family subsequently met
Jyoti's fake one, and the two parties decided to go ahead with the
wedding. On March 18 Jyoti, alias Khushboo, and Bharat wed at Bandra
court.
Just a day after the wedding, Kalpana and Asha stole Rs 1
lakh from Bharat's home and escaped to Valsad. Bharat, unaware of the
theft, took Jyoti out shopping. When they returned home, Jyoti told
Bharat that she had forgotten a package in one of the shops and would go
back to get it. She put all her new jewellery in her purse and left the
house, never to return.
After waiting a long time for her to
return, Bharat finally lodged a complaint with the Borivali police.
Investigations led the cops to Valsad, where they learnt that the gang
had duped 14 families. With the help of the local police and the
suspects' cell phone locations, the police tracked down Kalpana and
Asha, arrested them and charged them with cheating and theft. The rest
of the gang, including Jyoti, managed to give cops the slip.
Additonal Commission of Police (north region) Sunil Paraskar said, "Till
now we have only arrested two people. We are on the trail of the rest
and will nab them soon."
www.mumbaimirror.com/mumbai/crime/Cops-bust-gang-of-matchmaking-crooks-who-conned-15-families/articleshow/20025037.cms
Tuesday 14 May 2013
'Murdered' woman found alive
'Murdered' woman found alive
Muzzafarnagar: A 30-year-old woman, whose husband is languishing in jail here for her 'murder', has been found alive. Anita, a mother of one, was allegedly found living with her paramour Dharmender in Delhi, police said.
The duo eloped from Dongar village in Prabudhnagar district on February 8 while her husband Yogesh was jailed for her 'murder' over dowry, they said.
The two have been arrested for criminal conspiracy. Anita's father has also been taken into custody for wrongly identifying the body of another woman as his daughter's and lodging a false case against his son-in-law.
http://www.ndtv.com/article/cities/murdered-woman-found-alive-196764
Muzzafarnagar: A 30-year-old woman, whose husband is languishing in jail here for her 'murder', has been found alive. Anita, a mother of one, was allegedly found living with her paramour Dharmender in Delhi, police said.
The duo eloped from Dongar village in Prabudhnagar district on February 8 while her husband Yogesh was jailed for her 'murder' over dowry, they said.
The two have been arrested for criminal conspiracy. Anita's father has also been taken into custody for wrongly identifying the body of another woman as his daughter's and lodging a false case against his son-in-law.
http://www.ndtv.com/article/cities/murdered-woman-found-alive-196764
Rape accused kills self after ‘victim’ admits false charges
Rape accused kills self after ‘victim’ admits false charges
A man facing a rape trial committed suicide in Indore days after the complainant reportedly admitted that he had only tried to hold her hand after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
A man facing a rape trial committed suicide in Indore days after the complainant reportedly admitted that he had only tried to hold her hand after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
A man
facing a rape trial committed suicide in Indore days after the
complainant reportedly admitted that he had only tried to hold her hand
after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
दूल्हा करता रहा इंतजार, आठ लाख लेकर परिवार सहित गायब हुई दुल्हन
दूल्हा करता रहा इंतजार, आठ लाख लेकर परिवार सहित गायब हुई दुल्हन
उदयपुर। सागवाड़ा (डूंगरपुर) के ओबरी कस्बे से रविवार को उदयपुर के सेक्टर 14 पहुंची बारात में एकबारगी हंगामा हो गया जब पता चला कि दुल्हन पक्ष से वहां कोई आया ही नहीं। दूल्हे के पिता कुबेर कांत पुरोहित ने थाने में दुल्हन के पिता जयदेव शर्मा के खिलाफ धोखाधड़ी का मामला दर्ज कराया है।
कुबेर कांत ने बताया कि उनके बेटे मिलन की शादी जयदेव की बेटी पल्लवी से 12 मई को तय हुई थी। छह महीने पहले सगाई हुई थी।
पिछले सप्ताह लड़की वालों को दस्तूर के आठ तोला वजनी सोने के जेवर और 40 हजार रुपए के कपड़े दिए थे। शनिवार रात बातचीत में लड़की के पिता ने तीतरड़ी स्थित भट्ट मेवाड़ा ब्राह्मण समाज के छात्रावास में बारातियों के स्वागत और नाश्ते की व्यवस्था होना बताया। इसके बाद जयदेव और परिवार के लोगों के मोबाइल स्विच ऑफ हो गए। सुबह बारात छात्रावास पहुंची। जलपान के बाद लड़की के घर सूचना कराई तो वहां ताला मिला। वधू पक्ष का कुछ पता नहीं चलने पर कुबेर कांत शाम चार बजे बारात लेकर लौट गए।
आठ लाख रुपए लेकर फरार हुआ दुल्हन का परिवार
बारात को घर बुलाकर फ रार होने वाले परिवार ने पुत्री के विवाह के लिए वर पक्ष से 4.25 लाख की नकदी, आभूषण सहित कुल आठ लाख रुपए का सामान लिया। इतना खर्चा करने के बावजूद बारात बैरंग लौटने से दूल्हे का परिवार गहरे सदमे में है। उसके बीमार पिता की अभी संभल नहीं पाए हैं। घर पर ताला लगाकर दुल्हन के साथ भागे पूरे परिवार का अभी पता नहीं चल पाया है।
इधर,परिवार के साथ भागी दुल्हन की शादीशुदा बहन के पति ने भी सागवाड़ा थाने में धोखाधड़ी का मामला दर्ज करवाया है। उससे भी दुल्हन का पिता डेढ़ लाख रुपए नकद उधार ले गया, वहीं उसकी पत्नी करीब आठ तोला सोना साथ ले गई।
उल्लेखनीय है कि दुल्हन का पिता जयदेव शर्मा दुल्हन व अपनी तीन शादीशुदा पुत्रियों व परिवार के साथ शादी से ठीक पहले गायब हो गया। इस परिवार की मोबाइल के अनुसार लोकेशन जयपुर में होने की जानकारी पर पुलिस ने वहां दबिश दी, लेकिन उनका कोई पता नहीं लगा।
http://www.bhaskar.com/article/c-10-1600834-NOR.html
उदयपुर। सागवाड़ा (डूंगरपुर) के ओबरी कस्बे से रविवार को उदयपुर के सेक्टर 14 पहुंची बारात में एकबारगी हंगामा हो गया जब पता चला कि दुल्हन पक्ष से वहां कोई आया ही नहीं। दूल्हे के पिता कुबेर कांत पुरोहित ने थाने में दुल्हन के पिता जयदेव शर्मा के खिलाफ धोखाधड़ी का मामला दर्ज कराया है।
कुबेर कांत ने बताया कि उनके बेटे मिलन की शादी जयदेव की बेटी पल्लवी से 12 मई को तय हुई थी। छह महीने पहले सगाई हुई थी।
पिछले सप्ताह लड़की वालों को दस्तूर के आठ तोला वजनी सोने के जेवर और 40 हजार रुपए के कपड़े दिए थे। शनिवार रात बातचीत में लड़की के पिता ने तीतरड़ी स्थित भट्ट मेवाड़ा ब्राह्मण समाज के छात्रावास में बारातियों के स्वागत और नाश्ते की व्यवस्था होना बताया। इसके बाद जयदेव और परिवार के लोगों के मोबाइल स्विच ऑफ हो गए। सुबह बारात छात्रावास पहुंची। जलपान के बाद लड़की के घर सूचना कराई तो वहां ताला मिला। वधू पक्ष का कुछ पता नहीं चलने पर कुबेर कांत शाम चार बजे बारात लेकर लौट गए।
आठ लाख रुपए लेकर फरार हुआ दुल्हन का परिवार
बारात को घर बुलाकर फ रार होने वाले परिवार ने पुत्री के विवाह के लिए वर पक्ष से 4.25 लाख की नकदी, आभूषण सहित कुल आठ लाख रुपए का सामान लिया। इतना खर्चा करने के बावजूद बारात बैरंग लौटने से दूल्हे का परिवार गहरे सदमे में है। उसके बीमार पिता की अभी संभल नहीं पाए हैं। घर पर ताला लगाकर दुल्हन के साथ भागे पूरे परिवार का अभी पता नहीं चल पाया है।
इधर,परिवार के साथ भागी दुल्हन की शादीशुदा बहन के पति ने भी सागवाड़ा थाने में धोखाधड़ी का मामला दर्ज करवाया है। उससे भी दुल्हन का पिता डेढ़ लाख रुपए नकद उधार ले गया, वहीं उसकी पत्नी करीब आठ तोला सोना साथ ले गई।
उल्लेखनीय है कि दुल्हन का पिता जयदेव शर्मा दुल्हन व अपनी तीन शादीशुदा पुत्रियों व परिवार के साथ शादी से ठीक पहले गायब हो गया। इस परिवार की मोबाइल के अनुसार लोकेशन जयपुर में होने की जानकारी पर पुलिस ने वहां दबिश दी, लेकिन उनका कोई पता नहीं लगा।
http://www.bhaskar.com/article/c-10-1600834-NOR.html
Woman asked to pay Rs 1.25L for implicating dalit in rape case
Woman asked to pay Rs 1.25L for implicating dalit in rape case
JABALPUR: Falsely implicated in a rape case and proved innocent later, Ramlal Akhande, a 32-year-old primary school teacher from Paretha, Burhanpur could be the first dalit male to receive compensation under the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989 in a rape frame up.
Akhande got richer by Rs 1.25 lakh last week after a DNA report of the complainant Vaijyanti Yaduvanshi turned out to be negative bellying the allegations. The false charge, according to the police was intended to mount pressure on Akhande by the woman whose husband is serving a life sentence for raping his 14 year-old niece five months ago.
Meanwhile, the police has registered a case under SC/ST Act 3 (2) (2) and 3 (1) (9) and section 182, 211 and 195 of the Indian Penal Code against Vajyanati and her two accomplices. Her conviction would mean an additional sum of Rs 1.25 lakh to Akhande, superintendent of police (SP) Burhanpur Avinash Sharma told TOI http://timesofindia.indiatimes.com/city/bhopal/Woman-asked-to-pay-Rs-1-25L-for-implicating-dalit-in-rape-case/articleshow/20039860.cms
JABALPUR: Falsely implicated in a rape case and proved innocent later, Ramlal Akhande, a 32-year-old primary school teacher from Paretha, Burhanpur could be the first dalit male to receive compensation under the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989 in a rape frame up.
Akhande got richer by Rs 1.25 lakh last week after a DNA report of the complainant Vaijyanti Yaduvanshi turned out to be negative bellying the allegations. The false charge, according to the police was intended to mount pressure on Akhande by the woman whose husband is serving a life sentence for raping his 14 year-old niece five months ago.
Meanwhile, the police has registered a case under SC/ST Act 3 (2) (2) and 3 (1) (9) and section 182, 211 and 195 of the Indian Penal Code against Vajyanati and her two accomplices. Her conviction would mean an additional sum of Rs 1.25 lakh to Akhande, superintendent of police (SP) Burhanpur Avinash Sharma told TOI http://timesofindia.indiatimes.com/city/bhopal/Woman-asked-to-pay-Rs-1-25L-for-implicating-dalit-in-rape-case/articleshow/20039860.cms
Husband finds better solution to false 498a-kills four of wife's family
Husband finds better solution to false 498a-kills four of wife's family
http://www.youtube.com/watch?v=C4BO9t2RezQ
media didnt bother to inform it was wrong case filled against him so he thought of taking his justice this way.
http://www.youtube.com/watch?v=C4BO9t2RezQ
media didnt bother to inform it was wrong case filled against him so he thought of taking his justice this way.
'लीगल टेररिजम बन गया है दहेज कानून'
'लीगल टेररिजम बन गया है दहेज कानून'
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms
Left alone, man, woman will go for sex: Judge
Left alone, man, woman will go for sex: Judge
CHENNAI: "A man and woman, if left alone, will always go for sexual intercourse." This is what a Kancheepuram judge said while awarding life imprisonment to a murder accused last year. The judge's loose comments have drawn the ire of the Madras high court, which not only acquitted the accused but also decried the judge for arriving at "judicial conclusions purely based on surmises and conjunctures."
In the March 13, 2012 order sentencing Kattu Raja, a factory watchman, for murdering a co-worker, the district and sessions judge-II of Kancheepuram had said: "A man and woman, if left alone, will always go for sexual intercourse. In this case, the accused and the deceased might have been left alone. At that time, the accused would have advanced sexual overtures towards the deceased. She might have refused. Still there might have been sexual intercourse between them. Again, the accused would have invited her for sexual intercourse, which she would have refused. This would have resulted in an ill-feeling."
The order was quoted by the HC division bench of Justice K N Basha and Justice S Nagamuthu while acquitting Raja of all charges on April 30. Flaying the sessions judge for such loose comments, the bench said: "These observations of the trial court are based merely on conjectures. It is not understood as to how the court could come to a judicial conclusion that a man and woman, if left alone, will always go for sexual intercourse."
Police arrested Raja in connection with the murder of Mageshwari of Karanithangal village, near Chennai, in June 2008. While Raja was a watchman in the factory, Mageshwari was working on production line and they were "seen moving closely frequently" by others.
The Kancheepuram sessions court found him guilty of the offence on the basis of the circumstantial evidence such as his proximity to the victim, his disappearance from the work spot for a few days after the murder and his confession to police admitting to the crime.
The division bench, however, rejected the trial court's findings and said too much importance had been attached to the circumstantial evidence. "This is a case based on circumstantial evidence. It is a well established principle of law that in a case where the prosecution relies on circumstantial evidence, the circumstances projected should be proved beyond reasonable doubts."
Expressing shock at the trial court's reliance on confessions of Raja, the bench said, "The trial court has extracted the entire confession and in the concluding portion it says his confession had corroborated the evidence of other prosecution witnesses. This observation is really shocking. The court has relied entirely on the confession to come to the conclusion that the accused had illicit intimacy with the deceased. The court has relied on the confession by quoting it extensively, forgetting for a moment that Section 25 of the Evidence Act bars its admissibility."
Setting aside the life term and ordering Raja's release, the bench said: "Absolutely there is no evidence against Raja to prove any circumstances, even remotely pointing to the guilt of the accused. Mere suspicion based on surmises and conjunctures will not take the place of proof." http://timesofindia.indiatimes.com/city/chennai/Left-alone-man-woman-will-go-for-sex-Judge/articleshow/20039616.cms
CHENNAI: "A man and woman, if left alone, will always go for sexual intercourse." This is what a Kancheepuram judge said while awarding life imprisonment to a murder accused last year. The judge's loose comments have drawn the ire of the Madras high court, which not only acquitted the accused but also decried the judge for arriving at "judicial conclusions purely based on surmises and conjunctures."
In the March 13, 2012 order sentencing Kattu Raja, a factory watchman, for murdering a co-worker, the district and sessions judge-II of Kancheepuram had said: "A man and woman, if left alone, will always go for sexual intercourse. In this case, the accused and the deceased might have been left alone. At that time, the accused would have advanced sexual overtures towards the deceased. She might have refused. Still there might have been sexual intercourse between them. Again, the accused would have invited her for sexual intercourse, which she would have refused. This would have resulted in an ill-feeling."
The order was quoted by the HC division bench of Justice K N Basha and Justice S Nagamuthu while acquitting Raja of all charges on April 30. Flaying the sessions judge for such loose comments, the bench said: "These observations of the trial court are based merely on conjectures. It is not understood as to how the court could come to a judicial conclusion that a man and woman, if left alone, will always go for sexual intercourse."
Police arrested Raja in connection with the murder of Mageshwari of Karanithangal village, near Chennai, in June 2008. While Raja was a watchman in the factory, Mageshwari was working on production line and they were "seen moving closely frequently" by others.
The Kancheepuram sessions court found him guilty of the offence on the basis of the circumstantial evidence such as his proximity to the victim, his disappearance from the work spot for a few days after the murder and his confession to police admitting to the crime.
The division bench, however, rejected the trial court's findings and said too much importance had been attached to the circumstantial evidence. "This is a case based on circumstantial evidence. It is a well established principle of law that in a case where the prosecution relies on circumstantial evidence, the circumstances projected should be proved beyond reasonable doubts."
Expressing shock at the trial court's reliance on confessions of Raja, the bench said, "The trial court has extracted the entire confession and in the concluding portion it says his confession had corroborated the evidence of other prosecution witnesses. This observation is really shocking. The court has relied entirely on the confession to come to the conclusion that the accused had illicit intimacy with the deceased. The court has relied on the confession by quoting it extensively, forgetting for a moment that Section 25 of the Evidence Act bars its admissibility."
Setting aside the life term and ordering Raja's release, the bench said: "Absolutely there is no evidence against Raja to prove any circumstances, even remotely pointing to the guilt of the accused. Mere suspicion based on surmises and conjunctures will not take the place of proof." http://timesofindia.indiatimes.com/city/chennai/Left-alone-man-woman-will-go-for-sex-Judge/articleshow/20039616.cms
Fathers make a case for visitation rights
Fathers make a case for visitation rights
http://www.facebook.com/misszoyaparkar
http://postnoon.com/2013/02/19/fathers-make-a-case-for-visitation-rights/109504
http://www.facebook.com/misszoyaparkar
Don’t deny the child the love of one parent, they plead.
With the increasing number of divorce cases in India also comes the increasing issues of child custody and visitation rights.
Recently, the City witnessed a protest
demonstration where a few distraught men from men’s rights organisations
demanded gender neutral laws. These men appealed to the judiciary for
co- parenting and shared parenting so that their children could grow up
in a fair environment with the affection of both parents.
Come any vacation or, for that matter,
the time allotted by the court for fathers who do not have custody of
their children, these men allege they are being traumatised and denied
visitation rights by their estranged spouses.
Speaking about his estranged wife’s
reluctance to comply with the High Court’s order to allow him to visit
his five-year-old daughter every alternate week, the convener of Save
India Family Foundation (SIFF), Shah Ali, said, “Initially, I used to
meet my daughter in the car parking at my wife’s residence. After a few
weeks, she started denying me the right of meeting my child. Whenever I
go according to the time allotted by the court, my daughter looks at me
like a stranger. For no fault of hers, my daughter is denied the love of
her parents. This is contempt of court and to file another memorandum
is a time consuming process.”
What seems to be happening in cases
where spouses are not given joint custody is “parental alienation”,
where the custodial parent tries to deny the non-custodial parent the
court-ordered contract with the child.
Advocate Vishwa Janani said, “Most of
the children are comfortable with their mothers. Considering the fact
that even if the mother is working, the court gives custody of the child
to her. However, we cannot deny the father’s affection for the child. I
recall a case where a father was given visitation rights to meet his
12-year-old daughter every fortnight at the court premises. This father
used to eagerly look forward to meet his daughter. Since his daughter
loved math, he would get her a lot of puzzle games and the duo would
spend those two hours happily. This process continued for a couple of
times. After a while, the daughter was reluctant to meet her father,
which made it evident that she was tutored by her mother or mother’s
relatives. In such cases, what happens is the mother gets insecure after
the divorce and does not want to lose her child. She will look for ways
to avoid sending her child to the father.”
However, contempt of court gives the
non-custodial parent the right to seek help. If the visitation order is
violated, the court will decide whether the contempt was intentional or
not, then an order can be filed, said the advocate.
“The fathers should express their love
towards their children from the beginning and not only when the wife
files an application for custody. He should not speak against the mother
or her relatives to the child. Both the parents should realise that
because of their animosity, the child’s mental health can be affected.http://postnoon.com/2013/02/19/fathers-make-a-case-for-visitation-rights/109504
Protest against anti-family clauses in Hindu Marriage Bill
Protest against anti-family clauses in Hindu Marriage Bill
LUCKNOW: Army Against Dowry Law Misuse in India (AADMI) has demanded roll back of the alleged anti-family clauses in the upcoming bill which proposes to introduce "Irretrievable Breakdown of Marriage" as a ground for divorce in the Hindu Marriage Act and Special Marriage Act.
AADMI members, who also took out a protest march, said though the proposal is a welcome step, it has three controversial clauses which are totally anti-family and anti-husband. It points out that in the bill wherever exercising the rights has been mentioned, the person who can do it has been mentioned as "wife" instead of "spouse" which clearly indicates that the bill denies to extend its cover to husband. It is very clear that after marriage, a wife can get out of it at any point of time seeking divorce from her husband whereas no such legal provision has been given to a husband till date.
The bill says that along with allowing divorce, absolute rights will be given to the aggrieved wife on 50 per cent of husband's marital property. However, it does not mention division of wife's belongings and property at her maternal house, said the members. Also, the Bill does not deal with matters like custody of the children, visitation rights etc. Union cabinet has approved this bill with some amendments and at present it is with the "Group of Ministers" for approval before being tabled in the parliament.
AADMI demands include withdrawal of controversial clause and to make the bill gender neutral. Children must be given access to both biological parents in case of divorce or separation, government must first put an end to all false cases related to marital problems against men and the children should also have an equal share of the alimony amount given to the wife by the husband. They said while making amendments in the current laws, the government must also take into account a man's financial responsibilities towards his parents and also the family liabilities should be deducted before sanctioning the alimony figure to the wife.
http://timesofindia.indiatimes.com/city/lucknow/Protest-against-anti-family-clauses-in-Hindu-Marriage-Bill/articleshow/20002326.cms?intenttarget=no
LUCKNOW: Army Against Dowry Law Misuse in India (AADMI) has demanded roll back of the alleged anti-family clauses in the upcoming bill which proposes to introduce "Irretrievable Breakdown of Marriage" as a ground for divorce in the Hindu Marriage Act and Special Marriage Act.
AADMI members, who also took out a protest march, said though the proposal is a welcome step, it has three controversial clauses which are totally anti-family and anti-husband. It points out that in the bill wherever exercising the rights has been mentioned, the person who can do it has been mentioned as "wife" instead of "spouse" which clearly indicates that the bill denies to extend its cover to husband. It is very clear that after marriage, a wife can get out of it at any point of time seeking divorce from her husband whereas no such legal provision has been given to a husband till date.
The bill says that along with allowing divorce, absolute rights will be given to the aggrieved wife on 50 per cent of husband's marital property. However, it does not mention division of wife's belongings and property at her maternal house, said the members. Also, the Bill does not deal with matters like custody of the children, visitation rights etc. Union cabinet has approved this bill with some amendments and at present it is with the "Group of Ministers" for approval before being tabled in the parliament.
AADMI demands include withdrawal of controversial clause and to make the bill gender neutral. Children must be given access to both biological parents in case of divorce or separation, government must first put an end to all false cases related to marital problems against men and the children should also have an equal share of the alimony amount given to the wife by the husband. They said while making amendments in the current laws, the government must also take into account a man's financial responsibilities towards his parents and also the family liabilities should be deducted before sanctioning the alimony figure to the wife.
http://timesofindia.indiatimes.com/city/lucknow/Protest-against-anti-family-clauses-in-Hindu-Marriage-Bill/articleshow/20002326.cms?intenttarget=no
Dowry death cuffs on 7 in Phulbani
Dowry death cuffs on 7 in Phulbani
Berhampur: Seven persons, including two teenagers, were arrested on Sunday in connection with the death of a woman in a dowry case at Phulbani. Jasaswini Kanhar (25), the wife of Sujit Kanhar, the assistant commercial tax officer (ACTO), Sambalpur, died on Friday, police said.
Police recovered the body hanging at her in-law's house on Friday. The brother of the deceased Yashawanta alleged his sister was killed by her in-laws for more dowry. The in-laws, however, denied the allegation and said she committed suicide. "We are waiting for the post-mortem report to ascertain the exact cause of her death," said inspector in-charge of town police station, Phulbani, S S Pujari.
"Almost all the dowry items have been seized and a case against nine persons, including the husband of the deceased, has been registered," said Pujari. The deceased's husband is yet to be arrested, police said.
Police said Jasaswini of Peonpada in Phulbani married Sujit about three months ago. According to the complaint lodged by her brother, she was tortured by the in-laws for more dowry since her marriage, police said. http://timesofindia.indiatimes.com/city/bhubaneswar/Dowry-death-cuffs-on-7-in-Phulbani/articleshow/19927493.cms?intenttarget=no
Berhampur: Seven persons, including two teenagers, were arrested on Sunday in connection with the death of a woman in a dowry case at Phulbani. Jasaswini Kanhar (25), the wife of Sujit Kanhar, the assistant commercial tax officer (ACTO), Sambalpur, died on Friday, police said.
Police recovered the body hanging at her in-law's house on Friday. The brother of the deceased Yashawanta alleged his sister was killed by her in-laws for more dowry. The in-laws, however, denied the allegation and said she committed suicide. "We are waiting for the post-mortem report to ascertain the exact cause of her death," said inspector in-charge of town police station, Phulbani, S S Pujari.
"Almost all the dowry items have been seized and a case against nine persons, including the husband of the deceased, has been registered," said Pujari. The deceased's husband is yet to be arrested, police said.
Police said Jasaswini of Peonpada in Phulbani married Sujit about three months ago. According to the complaint lodged by her brother, she was tortured by the in-laws for more dowry since her marriage, police said. http://timesofindia.indiatimes.com/city/bhubaneswar/Dowry-death-cuffs-on-7-in-Phulbani/articleshow/19927493.cms?intenttarget=no
Misuse of Domestic Violence Act
Misuse of Domestic Violence Act
The domestic violence act hereinafter referred as dv act which was
incorporated in the year 2005, The main purpose of this act is to
prevent woman only woman from domestic violence, from the bare reading
of the definition of the act we can see that the term “aggrieved person”
includes only women, means only the men can be prosecuted not the
woman, In the 21st century we treat women at par with men and there have
been many incidences where a women are involved in insult, humiliation,
verbal and emotional abuse to men. It is not a rare possibility that
women are indulging in domestic violence against men but this is a
reality, our constitution guarantees equality, means men and women must
be equally treated, then why in dv act there are provisions for women
only and not for men, why women are protected and why there is
presumption that men is the only gender which can do cruelty, domestic
violence on women, why not vice-versa.
The dv act has given an undue advantage to the
women and it is the most lethal weapon which women can use against men
to extort, exploit, and threaten men community just like terrorism. The
dv act has provisions like right to residence regardless of legal right
on the property, maintenance. The provision in law makes the law easily
vulnerable to misuse. which is a fact statistics have shown that only 2%
of all the cases have resulted in conviction and 98% of the cases are
deemed to be fake and there is no provision in dv act if a fake case is
lodged then there is no provision for punishment for the women. For the
name of protection of women the prosecution of innocent men is against
the rule of law, A women can misuse the law very easily like for
example A man can be booked under the DV
act if she feels that she has been insulted. Insult is a relative term,
which is totally left to her discretion. Interestingly, if she insults
and abuses him verbally or even physically, he does not have any legal
recourse in this law, even the minor differences in matrimonial ties
could invoke the provisions of DV act, moreover the procedure of law is
governed by CRPC that means a man even making a very light insult to a
women is treated like a criminal. if the case is false the reputation of
man and his family is tainted and there are no steps or legal
protection available to men to protect his reputation . In other words
this law treats men like sitting ducks.
For taking easy divorce and maintenance the DV
act is the first weapon used by the women even if she is not subjected
to any such type of domestic violence, even if the matter is sub-judice
the men are obliged to pay maintenance to women, this means that
punishment for men start as soon as false complaint is lodged, which is
against the principles of natural justice where there is presumption of
innocence.
The fact is DV act has failed to attend the
problems faced by women and men on subject of domestic violence, the law
is often misused then to be used. The need of the society is to make
more gender neutral laws which treat men and women equally in the cases
of domestic violence and not to induce fear in the minds of innocent
people like most of the men and give an extortion tool to the other
gender. The DV act is gender biased on the face of it, The DV act needs
to be amended with more gender neutral provisions to prevent its misuse
and to achieve gender equality and fair justice.
“An unjust law is itself a species of violence. Arrest for its breach is more so.” Mahatma Gandhi
By: Nitish Banka
NGO forms cell to protect 'innocent men'
NGO forms cell to protect 'innocent men'
PANAJI: Goa Citizens Welfare trust has formed Dadleancho Ekvott, a cell to protect "innocent men" from harassment from false complaints against them.
Chairman Michael Ferns said in a statement that the trust is all for the protection of women and children but many a times, men are victimized based on false and concocted complaints. "Some anti-social elements are misusing the protection given to women by filing false complaints of abuse torture and harassment of innocent people".
"As I have first hand experience of such harassment, we are setting up a cell to protect men from false cases," Ferns said adding that "we will help any innocent man whose name has been tarnished with false charges".
He also demanded that the police investigate into complaints in detail before arresting "innocent" individuals and tarnishing the reputation of men who are not involved in such cases. Such men need to fight for justice, he added.
http://timesofindia.indiatimes.com/city/goa/NGO-forms-cell-to-protect-innocent-men/articleshow/19941958.cms?intenttarget=no
PANAJI: Goa Citizens Welfare trust has formed Dadleancho Ekvott, a cell to protect "innocent men" from harassment from false complaints against them.
Chairman Michael Ferns said in a statement that the trust is all for the protection of women and children but many a times, men are victimized based on false and concocted complaints. "Some anti-social elements are misusing the protection given to women by filing false complaints of abuse torture and harassment of innocent people".
"As I have first hand experience of such harassment, we are setting up a cell to protect men from false cases," Ferns said adding that "we will help any innocent man whose name has been tarnished with false charges".
He also demanded that the police investigate into complaints in detail before arresting "innocent" individuals and tarnishing the reputation of men who are not involved in such cases. Such men need to fight for justice, he added.
http://timesofindia.indiatimes.com/city/goa/NGO-forms-cell-to-protect-innocent-men/articleshow/19941958.cms?intenttarget=no
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