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Wednesday 12 June 2013

Suraj Pancholi’s arrest surprises legal experts

Suraj Pancholi’s arrest surprises legal experts

MUMBAI: Suraj Pancholi's arrest on charges of abetting actor Jiah Khan's suicide has surprised legal experts given the lack of success in securing convictions in such cases.

Lawyers say evidence in the case is unconvincing as cops are replying largely on a letter that Jiah's mother gave them several days after the suicide.

"There is huge doubt whether the letter can actually be considered a suicide note," said a public prosecutor. "First the handwriting needs to be analyzed to authenticate that Jiah had written the letter. Secondly, the date on which it was written also needs to be investigated. If the letter is dated, then it may not prove that the person had immediate provocation to commit suicide.''

Experts say even in cases, where cops have suicide notes, there is no clear trend that they actually end up as evidence to convict people.

In 2008, actor Navin Nischol and his brother, Pravin, were acquitted of charges of abetting the suicide of former's wife, Geetanjali, two years earlier. She had left a suicide note holding Navin responsible. The acquittal order came after defense lawyers said Geetanjali had taken the step while suffering from depression and there was no evidence that she was pushed to suicide.

Lawyers cite the Supreme Court's 2010 order, which said abetment involves a mental process of instigating a person or intentionally aiding a person in committing suicide. "Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," the court had said.

A Mumbai court discharged pilot Arjun Menon for abetting airhostess Sucheta Anand's suicide in 2008, saying there was not enough evidence to try him. Police had relied on SMSes Menon and Anand had exchanged before she ended her life to suggest that there was an argument between the two.

But Menon pleaded all along that the differences could not be blamed for driving her to suicide. His lawyer had argued there should have been sufficient evidence to show that he deliberately provoked or incited her to commit suicide.

The 2010 Viveka Babajee suicide case is another such instance. Police had found an entry in Babajee's diary that read 'U killed me, Gautam Vora'. Vora, a stock broker, had been in an alleged relationship with the model before she killed herself after a heated exchange with him.

Vora was questioned and even applied for anticipatory bail. He was eventually let off with no case registered against him. 
  http://timesofindia.indiatimes.com/city/mumbai/Suraj-Pancholis-arrest-surprises-legal-experts/articleshow/20548810.cms?google_editors_picks=true&google_editors_picks=true 

Sooraj Pancholi may face domestic violence charge

Sooraj Pancholi may face domestic violence charge



There may be more trouble for Sooraj Pancholi for his alleged role in model-turned-actress Jiah Khan's suicide. The Juhu police are contemplating charging Sooraj with an additional section of harassment based on the sixpage letter found by Jiah's mother, Rabia, who has also told the police that Jiah and Sooraj were in a livein relationship.

Vishwas Nangre Patil, additional Commissioner of police (west region), said, "We plan on charging Sooraj under section 498(a) of the domestic violence act. A recent supreme court judgement stated a live-in relationship is similar to marriage and victims of violence in a live-in can also file complaints under the section."

Those found guilty under the act can face imprisonment up to three years. Twenty-two-year-old Pancholi was remanded to police custody till June 13 for allegedly abetting Jiah Khan's suicide.

The police in their remand copy mentioned Sooraj had physically abused Jiah. According to the police officers Rabiya had told them that the bouquet sent by Sooraj to Jiah before her suicide was a break-up bouquet.

In her letter, Jiah had also mentioned she had an abortion. Cops said they will speak to the doctors who treated Jiah and conducted her abortion. The police have also mentioned five letters exchanged between Jiah and Sooraj that were found in the latter's house. "We will question Sooraj about these letters," added Patil. MMB
 

Doctor accused of raping patient gets anticipatory bail

Doctor accused of raping patient gets anticipatory bail

Bombay High Court Tuesday granted anticipatory bail against a surety of Rs 1 lakh to Dadar-based Dr Rustom Soonawala (47), accused of raping his 27-year-old patient at his clinic in Khar last month.
The court directed police not to arrest Soonawala until the chargesheet is filed. It, however, said police can take Soonawala into custody for conducting blood and semen tests. He can be kept in custody for 12 hours if the tests are conducted in Mumbai or for 24 hours if the tests are conducted outside Mumbai, the court said.
Soonawala moved High Court after a sessions court rejected his application seeking the examination of his blood and semen samples before arresting him. Soonawala's lawyer Abad Ponda told the court that the examination of his blood and semen samples as well as testing of his DNA would indicate whether or not he can be charged with rape. "The commission of the offence of rape will be established if the medical tests are positive. Only an innocent man will agree to undergo such tests in a rape case," Ponda told the court.
Additional public prosecutor Purnima Kantharia said Soonawala's custody was required as he was influential and could tamper with the tests. She said semen stains were found on the bed sheet in the clinic where Soonawala had examined the victim and he was the only male member in the room as the victim's husband was seated outside.
The victim's lawyer Mihir Desai argued that Soonawala had absconded and should not be granted anticipatory bail. He said there is no reason why the victim should make false allegations against him. Desai said Soonawala's offer to get his blood and semen tested was no generosity as every accused has to undergo these tests in a case of rape.
Justice R S Dalvi, however, felt that was not necessary for the police to keep Soonawala in custody to proceed with the investigation.

http://www.indianexpress.com/news/doctor-accused-of-raping-patient-gets-anticipatory-bail/1127895/0

Police knowingly filing false rape cases, alleges Dalit activist

Police knowingly filing false rape cases, alleges Dalit activist

Police inactivity over “false cases of rape and assault” filed by a young woman against her mother and uncle came to the fore at the monthly Scheduled Caste and Scheduled Tribe meeting held here on Sunday.
Speaking at the meeting held at the office of superintendent of police, S.P. Anand, a Dalit activist, said more than two months ago, a 22-year-old woman, belonging to an OBC (Other Backward Classes) community, filed cases at the Venoor Police Station against her mother Sunanda and her uncle Shamappa, who had, using force, disallowed her from having an affair with Manoj (45), a daily wage worker who has a wife and children in Kerala.
“The mother says that the woman is not mentally-capable of making decisions on her own. She is very naïve and was charmed by the married man. When this was known, the family forced her to stay away from him, and evicted Manoj from Shamappa’s house where he was a tenant. However, on Manoj’s insistence, the woman filed a complaint of sexual assault against her family,” said Mr. Anand.
He alleged that even though the police knew the complaint was false, they filed a case, forcing the economically-backward family to seek bail. “They can’t afford the bond, and the court fees,” said the activist.
‘No action’
In another case of alleged rape under the Bantwal Rural Police Station limits, Dalit activist P. Keshav said though a sexual assault complaint was filed with the station on April 19, no arrest had been made so far.
“The girl went through a medical check-up, and rape was confirmed. Why haven’t the police arrested the person?” he said.
Dakshina Kannada SP Abhishek Goyal said both cases would be re-examined, and action taken.
The activists also urged the SP to look into the traffic snarls at B.C. Road flyover. “I will call a meeting with National Highway officials and try to make the flyover two-way to ease congestion,” said Mr. Goyal. 

False rape cases by helps: Court for checks on agenciesa

False rape cases by helps: Court for checks on agenciesa

NEW DELHI: A trial court has suggested that the Delhi government should frame guidelines for regulating placement agencies supplying domestic help to curb instances of registration of false rape cases.
This observation was made by additional sessions judge Nivedita Anil Sharma while acquitting an 82 -year-old resident of the charge of raping his maid.

The court said the case at hand is a "living example" of placement agency's maid raising false rape and threat allegations against her old and ailing employer only to "achieve her selfish ends of extorting money over and above her salary".
While directing that a copy of the order be sent to secretaries of Union ministry of law and justice and the Delhi government, chairpersons of National Commission for Women and Delhi Commission for Women and commissioner and additional commissioner(West) of Delhi Police for information purpose, the court said, "In my considered view, it is time that we as a civil society stand up not to only protect, shelter and rehabilitate a victim of rape but also to protect and shelter an accused against whom false allegations of rape have been leveled."
The court noted that it was informed there are no laws, policies or rules to regulate placement agencies which supply maids and servants. "It is required that some regulatory law or policy is made by the government and police so that there can be check on the placement agencies and it is made compulsory that police verification of the maids and servants is done before they take up employment," it said. 

 http://articles.timesofindia.indiatimes.com/2013-06-11/delhi/39897664_1_placement-agencies-delhi-commission-delhi-police