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Thursday 13 June 2013

Woman, lover held for murdering hubby

Woman, lover held for murdering hubby

HYDERABAD: A woman and her paramour were arrested on Saturday by Humayunagar police for allegedly murdering her husband and later burying his body at Kandukur in Rangareddy district.

According to a release by additional deputy commissioner of police (West Zone) Nagaraju, Farhana Begum and Mohammed Jahangir were arrested for the murder of 36-year-old Mohammed Khaja, a fruit vendor. Farhana Begum had conspired to kill her husband Khaja as she was having an affair with her sister's husband, Jahangir. Khaja, a resident of First Lancer, smelt that his wife was in a relationship with Jahangir. The couple's marital relationship got strained five months ago, the release said. So, Farhana and Jahangir hatched a plan to eliminate Khaja. On May 20, on the pretext of visiting hospital, Farhana took Khaja to Chandrayangutta, where Jahangir was already waiting.

"On the pretext of meeting one Baba near Kandukur village and sort out their differences, the two took Khaja on Jahangir's motorcycle to Kandukuru village, where they throttled the fruit vendor to death and later buried the body,'' the release said. After that, the duo returned to Hyderabad and Farhana lodged a missing complaint at the Humayun Nagar police station. During inquiry, the duo spilled the beans that they had killed Khaja and buried his body in Kandukur, it added.
 http://timesofindia.indiatimes.com/city/hyderabad/Woman-lover-held-for-murdering-hubby/articleshow/20500957.cms?intenttarget=no 

Book naval officers for gang rape: Kerala high court

Book naval officers for gang rape: Kerala high court

KOCHI: The Kerala high court on Monday pulled up the state police for not charging a case of gang rape against officers at the Southern Naval Command, Kochi, on a complaint filed by a naval officer's wife and asked the director general of state police to ensure a fair investigation. Justice B Kemal Pasha also dismissed the anticipatory bail plea of lieutenant Ravi Kiran Kabdaula, husband of the aggrieved woman.


The HC questioned the police decision to register a case on charges of assault to woman with an intent to outrage her modesty (Section 354 of IPC) and cruelty by husband (498A of IPC).

Kabdaula's wife, in her complaint, had said she was taken to a room forcibly and molested by friends and superior officers in her husband's presence. 
 http://timesofindia.indiatimes.com/city/kochi/Book-naval-officers-for-gang-rape-Kerala-high-court/articleshow/20532670.cms 

महिला की मौत को दहेज हत्या नहीं माना कोर्ट ने


महिला की मौत को दहेज हत्या नहीं माना कोर्ट ने

हाई कोर्ट।। शादी के एक महीने के भीतर कार एक्सिडेंट हुआ और महिला की मौत हो गई। इस घटना में महिला का पति घायल हो गया। महिला के पिता ने इस मामले में आरोप लगाया कि यह दहेज हत्या का केस है , लेकिन हाई कोर्ट ने इस दलील को नकार दिया। निचली अदालत ने महिला के पति को लापरवाही से हुई मौत के मामले में दोषी करार दिया था और उसे दो साल कैद की सजा सुनाई था। साथ ही महिला के पति को निर्देश दिया था कि वह शिकायती को मुआवजे के तौर पर 7 लाख रुपये का भुगतान करें।

इस फैसले को महिला के पिता ने हाई कोर्ट में चुनौती देते हुए कहा था कि आरोपी की सजा बढ़ाई जाए और उन्हें दहेज हत्या के लिए सजा दी जाए। हाई कोर्ट ने महिला के पिता की अर्जी खारिज कर दी। हाई कोर्ट ने महिला के पति को लापरवाही से मौत का दोषी माना और दो साल कैद की सजा को सही ठहराया।

पुलिस के मुताबिक 17 जुलाई , 1999 को महिला की शादी हुई थी। शादी के बाद वह अपने ससुराल में रह रही थी। इसी दौरान 15 अगस्त , 1999 को महिला अपने पति के साथ कार से जा रही थी। रात के वक्त उनकी कार टैंकर से टकरा गई। पुलिस जब मौके पर पहुंची तो कार बुरी तरह से क्षतिग्रस्त थी और पति - पत्नी दोनों बुरी तरह घायल थे। पुलिस ने उन्हें अस्पताल में भर्ती कराया। डॉक्टरों ने महिला को मृत घोषित कर दिया।  



पुलिस ने इस मामले में लापरवाही से गाड़ी चलाने और लापरवाही से मौत का केस दर्ज किया। बाद में महिला के पिता ने शिकायत की कि उनकी बेटी को दहेज के लिए प्रताडि़त किया जाता था। पुलिस ने महिला के पति और अन्य ससुरालियों के खिलाफ दहेज हत्या और दहेज प्रताड़ना का भी केस दर्ज कर दिया।

निचली अदालत ने पति समेत अन्य ससुरालियों को दहेज हत्या प्रताड़ना के मामले में तो बरी कर दिया , लेकिन पति को लापरवाही से हुई मौत के मामले में दोषी करार देते हुए सजा सुनाई। महिला के पिता ने हाई कोर्ट में अर्जी दाखिल कर कहा कि उनकी बेटी शादी के 28 दिनों बाद ही चल बसी। उसे उसके पति और अन्य ससुरालियों ने प्रताडि़त किया था। उसका पति उसे मारने के इरादे से मारुति 800 में ले गया जबकि उसके पास मारुति जेन भी थी। कार में सूटकेस रखी हुई थी। यह सूटकेस पहले डिक्की में थी लेकिन उसके पति ने उसे उनकी बेटी की सीट के पीछे रख दिया और जब एक्सिडेंट हुआ , तब उसके पति की सीट पीछे चली गई लेकिन उनकी बेटी की सीट नहीं झुक पाई। उन्होंने आरोप लगाया कि उनकी बेटी को मारने का प्लान था।

हाई कोर्ट ने अपने फैसले में कहा कि जब एक्सिडेंट हुआ , तब मौके पर दोनों बुरी तरह घायल थे। जिस तरह से एक्सिडेंट हुआ था , उससे साफ है कि ये केस 304 बी का नहीं है। ट्रायल कोर्ट ने यह माना कि यह केस दहेज हत्या का नहीं है। जब यह घटना हुई , उसके बाद महिला के पिता ने दहेज की मांग का कोई आरोप नहीं लगाया और कोई संदेह भी नहीं जताया। उन्होंने कोई प्रताड़ना की बात नहीं की और घटना के 37 दिनों बाद उन्होंने इसकी शिकायत की। अपने जीवनकाल में महिला ने भी दहेज प्रताड़ना की कोई शिकायत नहीं की। इस मामले में लगाए गए आरोप वैलिड नहीं हैं।

 http://navbharattimes.indiatimes.com/delhi/crime/the-court-did-not-murder-the-woman39s-dowry-death/articleshow/20496627.cms

Cop's son ends life over alleged sexual harassment by woman

Cop's son ends life over alleged sexual harassment by woman

NAGPUR: A five-page suicide note left by traffic cop's son Rahul Khandare, who committed suicide on May 24, says that he took the extreme step due to depression after being harassed by a woman for refusing to maintain physical relationship with her. The youth's relatives along with an NGO Oriental Human Rights Protection Forum staged a two-hour protest at Sadar police on Tuesday for the lack of action in the suicide and attempts to hush-up the case.

Khandare's parents claimed that the suicide note was found in his pant pockets after he ended his life. Khandare, in his twenties, had consumed poison in rural tehsil office at Civil Lines. His father Manohar is posted as a naik police constable in traffic police department and his uncle is a head constable at MIDC police station.

Parents and relatives claimed that despite the suicide note and the accused woman's name mentioned in it, Sadar police have failed to take any action in the case. "He has mentioned the woman's name in the note and also written in detail how she tortured him. He wrote that the woman had threatened to file a police complaint against him and hence Rahul was depressed," said a relative protesting at Sadar police station on Tuesday afternoon.

Relatives said Khandare was working with a garment store where the woman was his senior. She started forcing him into a sexual relationship. Relatives said that Khandare entered into a relationship but then refused to ahead when the woman became persistent. He even left the job.

Manish Singh Chavhan, city president of OHRPF, said Khandare's parents didn't keep a photo copy of the suicide note with them before handing it to the police. "Police say that they are not allowed to give the suicide note. Hence, we have appealed in RTI to get a photo copy of the note from the cops," said Chavhan.

Chavhan and Khandare also met senior police officials, who have assured quick action.
 http://timesofindia.indiatimes.com/city/nagpur/Cops-son-ends-life-over-alleged-sexual-harassment-by-woman/articleshow/20547687.cms 

Quarrel between a couple can’t be abetment to suicide: SC

Quarrel between a couple can’t be abetment to suicide: SC

A boy proposes to a girl. She rejects it. Feeling humiliated by the manner in which she rejects his proposition, the boy commits suicide. Should she be prosecuted for abetment to suicide?
Actress Jia Khan's suicide has once again brought to fore a question - what constitutes abetment to suicide? - which has been discussed extensively by the Supreme Court through the decades.

The Supreme Court has consistently held that a word uttered in a fit of anger or emotion without intending to trigger a step as extreme as suicide can't be said to be abetment to suicide.
The SC has also consistently clarified that to prosecute a person for abetment to suicide, prosecution has to prove that the accused had the intention and knowledge that a specific act on his part could trigger suicidal tendency in the victim.
Normal marital skirmishes or what the court put it as "normal wear and tear of marriage" could not be counted as a reason for abetment of suicide by a partner.
Discussing in detail in the case - State of West Bengal vs Orilal Jaiswal [(1994) 1 SCC 73], the SC had cautioned that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence for the purpose of finding whether cruelty meted out to the victim had in fact induced her to commit suicide.
"If it appears to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty," it had said.
Just three years ago, the Supreme Court in S S Chheena Vs Vijay Kumar Mahajan had said that there had to be a positive act on the part of the accused to instigate the victim to take the extreme step of taking her own life.
"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," it had said.
In its 2001 judgment (Ramesh Kumar Vs Chhattisgarh), the Supreme Court dealt with a classic case. After a domestic quarrel, the husband told the wife - "you are free to do whatever you wish and go wherever you like". The wife committed suicide and husband faced abetment charges.
The Court quashed the charges against the husband and said: "The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation." 

http://articles.timesofindia.indiatimes.com/2013-06-12/india/39923991_1_abetment-suicide-anger-or-emotion 

Crimes against women: Bengal govt contests NCRB report

Crimes against women: Bengal govt contests NCRB report

NCRB data was always good topic for debate.


The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.

"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.

"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.

The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.

Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.

"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.

Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."

Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.

The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.

Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.

He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.

In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.

"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.

"The state government has zero tolerance on crime," he added.

The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.
"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.
"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.
The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.
Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.
"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.
Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."
Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.
The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.
Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.
He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.
In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.
"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.
"The state government has zero tolerance on crime," he added.
- See more at: http://www.hindustantimes.com/India-news/Kolkata/Crimes-against-women-Bengal-govt-contests-NCRB-report/Article1-1075500.aspx#sthash.fzguvHy6.dpuf
The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.
"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.
"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.
The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.
Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.
"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.
Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."
Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.
The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.
Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.
He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.
In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.
"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.
"The state government has zero tolerance on crime," he added.
- See more at: http://www.hindustantimes.com/India-news/Kolkata/Crimes-against-women-Bengal-govt-contests-NCRB-report/Article1-1075500.aspx#sthash.fzguvHy6.dpuf

Amendment in property rights of women draws mixed responses

Amendment in property rights of women draws mixed responses

Pune
The Union Cabinet had earlier come out with a law stating that woman enjoyed a share in all the immovable property owned by the husband in case of a divorce.
However, with a recent amendment, a woman now gets a clearly defined share but only from the residential immovable assets of her husband, which includes just the residential property rather than all the immovable assets.
“The most important aspect of the amendment is that in the eventuality of a divorce, women will be entitled to a share in the property or assets acquired by the couple after marriage. According to the prevailing law, the husband pays the woman a monthly maintenance or a one-time settlement, both of which, in most cases, are a pittance,” says Ashok Kumar, Principal and MD, Cresa Partners, India.
According to Om Ahuja, CEO – Residential Services, Jones Lang LaSalle India, the amendment will go a long way in providing women a higher degree of financial security after divorce. “In the majority of cases, residential property tends to be the largest single asset that an individual holds. As against the earlier ambiguity in terms of rights and entitlement, the amendment now specifies clearly an assured share in the residential property. By all accounts, this is a far more empowering compensation than the rather patronizing payment of maintenance,” adds Ahuja.
Additionally, a clause in the proposed amendment, gives the courts the right to reduce or waive the six months cooling period prior to the grant of a divorce. The waiving off on grounds of irretrievable breakdown, says Kumar, is significant as it will make the process much less stressful for couples who clearly do not want to be together.
Though the amendment has been lauded by many, other experts feel that this step is unfair and can disturb the economic security of women.
Says Advocate Asim Sarode, “With the new amendment, the economic security of the women is disturbed. The initial law wherein the wife would get a share in all the immovable property was quite fair. Now there will be a burden on women to gain economic support. The law should have ensured equal distributions of wealth in case of a divorce.”
Furthermore, the country currently needs to empower women which they say is not encouraged with the new law. Shashi Sharma, Chairperson, Women for Good Governance says, “If the woman is inclined to fight for her rights, family members stop her. There are emotional barriers for her while implementing her rights. The laws which increase her importance in the house and society at large and ultimately lead to her empowerment must be implemented.”
Avers Darshana Parmar Jain, Deputy Managing Director, iParmar Group, “In a country where empowering women is the order of the day, there are talks of reservations for women and education for girls; this move will not ensure equality. The law would adversely affect the rural population mainly.”
Additionally, it is also believed that the country is not ready for such a law. “This move is not the right thing to do at this stage. Probably 20 years from now when the country has progressed enough and women start getting equal opportunity in all fields should they think about such amendment. India, currently, is not ready for such a move,” Jain says.
Agrees Roopa Mudliar, Executive Director (Sales, Marketing and Business Development), Vascon Engineers Ltd, “When women come shoulder to shoulder with men, probably we won’t need this law at all. If both get equal status then women should not ask for any special thing. But looking at the current scenario where women work at home and men work out to earn a living, the women deserve a share in both moveable and immovable assets.”
In all fairness, Jain also points out the other side. “There is a very small percentage of women who take advantage and hence, in the interest of larger audience, I do not support such an amendment.”
According to Mudliar, men may take advantage of this move. “Men may take advantage of the fact that women has rights only on the immovable property and thus convert all the immovable property to movable property to avoid giving a share to their women which they deserve,” she says.
Moreover, as is the case with most progressive legislations, the main challenge lies in their implementation. Surabhi Arora, MRICS, Associate Director- Research, Colliers International says, “There is no clarity about the law as the terms are not clearly defined. Before implementing any kind of law, one should look at its implications on society as there will be an increase in number of court cases or there would be a need to set up separate court for these kind of cases.”
Sarode concludes, “There is a need for a law that is fair and applicable to all. The new amendment is not logical. We are sending letters to the law commissioner condemning this amendment. The concerned authorities ought to address this issue.”

http://content.magicbricks.com/amendment-in-property-rights-of-women-draws-mixed-responses/