Woman cries rape,cops see foul play

HAZARIBAG: A mother of three lodged a complaint on Tuesday at the Pelawal police station against her neighbour alleging that he had raped her. However, police said the woman was bringing false accusations against the man and termed it consensual sex.

The woman in her FIR said the accused, Umesh Kumar Mehta, entered her house forcibly on the pretext of drinking water and raped her. Mehta dared to commit the crime in absence of the woman's husband Dwarka Sao, who was out of town. Mehta even locked up the children in a room.

However, DSP (headquarters) Arvind Kumar Singh after interrogating the woman found Mehta was known to the woman and it was consensual sex.

Singh also said the woman was crying rape because her husband came back home suddenly and saw the two in a compromising position.

Youth held: A youth was arrested in Ranchi's Sukhdeo Nagar locality when he attempted to rape a 5-year-old girl on Tuesday afternoon. The accused, a driver was playing with the girl in the basement of an apartment in Sukhdeo Nagar when he took her to the bathroom where he tried to rape her. The parents of the girl caught the boy when the girl started crying. "The people caught the boy and brought him to the police station," said circle inspector Hari Chandra Singh. An FIR was lodged in this connection, said Singh http://timesofindia.indiatimes.com/city/ranchi/Woman-cries-rapecops-see-foul-play/articleshow/22277731.cms 

Man attempts suicide inside police station as police ignore complaint

Man attempts suicide inside police station as police ignore complaint

A 60-year-old man, tortured by his daughter-in-law, attempted suicide inside a police station in Delhi on Thursday when policemen cold-shouldered his complaint.
Rajbeer Singh consumed a poisonous substance inside west Delhi's Kanjhawala police station premises after police personnel did not pay heed to his complaint against his daughter-in-law.
Singh was rushed to a hospital where his condition was stated to be out of danger.
A police officer said Rajbeer had approached the police station a day ago and informed that his daughter-in-law had thrown him out of his house after usurping his property.
However, the policemen sent him home, telling him to come if his daughter-in-law did not mend her ways.
According to sources, Rajbeer arrived at the police station today (Thursday) but, once again, the policemen turned a deaf ear to his pleas. Frustrated, he then consumed the poisonous substance.

http://m.ibnlive.com/news/man-attempts-suicide-inside-police-station-as-police-ignore-complaint/418299-3-244.html 

Suicide note not enough proof of abetment: Bombay HC

This is really shame on India & Indian's, when one lady dies without her suicide note it is confirmed that 498a case & legal process starts but when one Man dies with Suicide note making his in-law & wife responsible still it is not accepted by law & media, Shame! Shame!! Shame!!!

MUMBAI: The Bombay high court on Tuesday observed that a suicide note alone was not enough proof in a case of abetment of suicide and dismissed an appeal against acquittal in one case. In the absence of independent evidence to prove a case of abetment, Justice A H Joshi dismissed the appeal filed by the victim's family.

The judge was hearing an appeal filed by the family of a suicide victim against the acquittal. The appeal, filed last year by one Sunil Bhavsar, challenged a sessions court verdict of acquittal. His lawyer argued that it was a case in which a woman was pushed into committing suicide and that a suicide note she left behind "proved the abetment charge". She was harassed and threatened, the lawyer argued.

The case was from Nashik and the lawyer said a complaint was filed in 2010 with the Nashik police about the harassment and threats she faced that led to her eventual suicide. Hence, the abetment to suicide charge is proved, he argued and the acquittal ought to be overturned.

The state did not file an appeal. The appeal itself was dismissed, by default, by the HC earlier in March 2013 as the lawyer for the appellant had not turned up on a date when it was scheduled for a hearing.

On Tuesday, when the lawyer for the victim's family stressed on the suicide note and threats she allegedly received before the suicide, Justice Joshi said, "This is no mathematical equation, that a suicide note plus threat equals abetment...If harassment is proved, show the proof," the HC said. The judge said, "A threat to kill is not abetment. (Giving) An advice to kill is also not abetment."

In case of a suicide, higher courts have held that in each case the circumstances and evidence is crucial to decide whether there was abetment, which would involve acts by another person to actually instigate the person into committing suicide, the SC has held.

WHAT THE SC HAS HELD

"If it appears to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged and such petulance, discord and difference 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." http://timesofindia.indiatimes.com/india/Suicide-note-not-enough-proof-of-abetment-Bombay-HC/articleshow/22108153.cms?intenttarget=no 

Sakshi News

Woman told to pay Rs 5 lakh to in-laws

Woman told to pay Rs 5 lakh to in-laws 



Yamunanagar, April 25
In a significant judgment, a local court has imposed a fine of Rs 5 lakh on a woman, who had made a frivolous complaint against her in-laws for dowry.
The Judicial Magistrate said many instances had come to light where the complainants were not bonafide and had been filed with an oblique motive. The magistrate termed the case as a classic example for such an instance.
Kanwalpreet Kaur of Model Town here had filed a complaint against brothers-in-law Davinder Pal Singh, Amarjeet Singh, Satwinder Singh and Gurbinder Singh, mother-in-law Gurbachan Kaur, sisters-in-law Balwinder Kaur and Jaswinder Kaur and niece Ritu under Sections 498-A in 1997. The court had quashed the names of Balwinder, Jaswinder and Ritu from the case in 2002.
Kanwalpreet was married to Navjeet Singh in 1992. In her complaint, she had alleged that her in-laws were harassing her for more dowry. She had claimed that her brothers had given Rs 1.5 lakh to her in-laws in three installments. She had further alleged that she was thrown out of the house.
In the order it had been said the remaining five accused were made to suffer on account of baseless and malicious allegation. To prevent such abuse of beneficial provision of Section 498-A of the IPC by women in future, the magistrate dismissed the complaint and acquitted the accused of the charges.
The court directed Kanwalpreet to pay Rs 1 lakh to each of the five persons.
 

http://www.tribuneindia.com/2007/20070426/haryana.htm#5 

चार दिन प्रेमी संग बिता लौटी विवाहिता

चार दिन प्रेमी संग बिता लौटी विवाहिता

शक्ति नगर से चार दिन से गायब विवाहिता सोमवार को वापस घर लौट आई। उसकी मा ने थाने में शिकायत दे रखी थी कि वह अपने मोहल्ले के दीपक नामक युवक के साथ गई थी। इसके चलते युवक दीपक व उसकी कथित प्रेमिका खुद ही थाने पहुच गए। यहा उन्होंने बताया कि वे दोनों बालिग है और अपनी मर्जी से गए थे। इसके बाद पुलिस ने उन्हें कोर्ट में पेश गया। कोर्ट ने दोनों के बयान दर्ज कर लिए। इसके बाद पुलिस ने उन्हे छोड़ दिया। उन्हे एसडीएम बलजीत सिंह के समक्ष पेश किया गया था। एसडीएम ने कहा कि विवाहिता का मेडिकल कराया जाना चाहिए। इसके बाद पुलिस महिला को लेकर अस्पताल पहुची। यहा महिला ने चिकित्सा अधिकारी डॉ. हनुमान के समक्ष कहा कि वह अपनी मर्जी से गई थी। इसलिए किसी तरह का कोई मेडिकल नहीं कराना चाहती। उसका किसी पर कोई आरोप भी नहीं है। इसके बाद उन्हे दोबारा अदालत में पेश किया। पुलिस के मुताबिक महिला की करीब चार माह पहले शादी हुई थी। शादी के बाद से वह अपने पति के साथ ही रह रही थी। चार दिन पहले वह मायके आई थी। यहीं से वह दीपक नामक युवक के साथ घर से गायब हो गई। पीछे से उसकी मा ने थाने में शिकायत दर्ज करा दी। पुलिस उनकी तलाश कर रही थी कि सोमवार को दोनों खुद ही थाने पहुंच गए। महिला ने बताया कि वह दीपक के साथ ही रहना चाहती थी। लेकिन मा ने जबरन शादी कर दी। पिता का काफी समय पहले देहात हो चुका है। जाच अधिकारी सब इस्पेक्टर सीता राम ने बताया कि महिला का किसी पर कोई आरोप नहीं है। उसने अपनी मर्जी से जाने की बात स्वीकारी है। इसलिए उसके बयान दर्ज कर छोड़ दिया गया है। फिलहाल दोनों को उनके परिजनों के सुपुर्द किया गया है।

http://www.jagran.com/haryana/fatehabad-10486086.html 

Former Andhra minister arrested in dowry harassment case

Former Andhra minister arrested in dowry harassment case

HYDERABAD: The Central Crime Station (CCS) sleuths on Monday arrested Cantonment MLA P Shankar Rao and booked him in a dowry harassment case following a complaint from his daughter-in-law Vishnu Priya. The former minister was arrested from his Musheerabad residence around 4.30 pm and cases under sections 195-A (threatening any person to give false evidence) and 506 (criminal intimidation) of the IPC were registered against him.

Shankar Rao had secured an anticipatory bail in an earlier complaint lodged by his daughter-in-law but the arrest took place based on a fresh complaint by her 15 days ago stating that he was forcing her to withdraw her earlier complaint.

CCS DCP LKV Ranga Rao said Vishnu Priya lodged the fresh complaint with the women police station of the CCS in the third week of June this year alleging that Shankar Rao has been threatening her to change the statement she has given in a dowry harassment case booked against him and his family members.

While he was being brought to the CCS women police station, the MLA told the police that he was feeling sick and after arriving at the police station premises, he fainted. The police immediately shifted him to Osmania General Hospital for medical treatment. "Based on the doctor's advice, we will take a call on when to produce the MLA before the court," the DCP said.

Vishnu Priya was married to Shankar Rao's son Shashank in 2005. A year ago, Vishnu Priya lodged a complaint against her husband Shashank, father-in-law Shankar Rao, mother-in-law Vishwa Shanti and sister-in-law Sushmita alleging that they were harassing her for dowry following which a case under section 498-A (subjecting a married woman to cruelty) was booked against all of them.

However, Vishnu Priya approached the AP High Court a month ago alleging that the police are not investigating the case properly. Following this, the MLA and his son, who already obtained anticipatory bail from a local court, surrendered before the CCS officials on June 19 and were let off on bail.

After this incident, the MLA is alleged to have threatened Vishnu Priya to change her statement in the dowry harassment case following which she lodged the fresh complaint with the CCS police. When the cops came to arrest Shankar Rao, his daughter Sushmita obstructed them upon which Musheerabad police took her into custody under section 151 of the CrPC. http://timesofindia.indiatimes.com/india/Former-Andhra-minister-arrested-in-dowry-harassment-case/articleshow/20980792.cms 

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नई दिल्ली। अगर किसी महिला के कारण उसके पति की नौकरी चली जाती है तो यह तलाक का एक ठोस आधार है। इस टिप्पणी के साथ तीसहजारी कोर्ट की अतिरिक्त जिला न्यायाधीश सीमा मैनी ने पूर्व सिविल जज को उनकी पत्‍‌नी, जो खुद भी जज हैं, से तलाक को मंजूरी प्रदान की।
हरियाणा के एक पूर्व सिविल जज ने अपने अधिवक्ता अमित साहनी के माध्यम से दिल्ली में न्यायिक अधिकारी के रूप में कार्यरत अपनी पत्‍‌नी से तलाक के लिए अदालत में याचिका दायर की थी।
याचिका में पूर्व सिविल जज ने कहा था कि उन्होंने वर्ष 2009 में हरियाणा न्यायिक सेवा में कार्यरत एक महिला जज से प्रेम विवाह किया था। बाद में उनकी पत्‍‌नी ने हरियाणा में नौकरी से त्यागपत्र दे दिया और दिल्ली न्यायिक सेवा में नौकरी कर ली। खुद के विवाहित होने की बात छिपाते हुए दिल्ली में रहने लगी।
विवाह के लिए रिश्ते खोजने वाली एक वेबसाइट पर अपना प्रोफाइल भी डाल दिया। यही नहीं, महिला जज ने अपने के खिलाफ पंजाब एंड हरियाणा हाईकोर्ट में शिकायत की। जिसके कारण महिला जज के पति को अपनी नौकरी गंवानी पड़ी। शिकायतकर्ता का आरोप था कि महिला जज अक्सर उसे फोन पर धमकाती है और उसके घर पर जाकर झगड़ा करती है। जिससे उसकी जिंदगी नरक बन गई है। लिहाजा, उसे तलाक दिया जाए। अदालत ने पत्‍‌नी के पति की नौकरी जाने का कारण बनने को तलाक का ठोस आधार मानते हुए पूर्व जज को पत्‍‌नी से तलाक प्रदान किया।

http://www.jagran.com/news/national-9092031.html 

What if you're in her shoes, SC asks rejecting man's divorce plea

What if you're in her shoes, SC asks rejecting man's divorce plea

New Delhi: A man's plea for divorce on the grounds that their marriage is beyond salvage and that he will pay a substantial alimony to his wife has been dismissed by the Supreme Court saying that the husband would have never accepted dissolution of matrimonial ties had the wife raised identical reasons.
The court made the observation while rejecting the plea for divorce by the husband who had contended that though his wife's mental condition was normal, they have been separated for over 12 years and as such their marriage has irretrievably broken down. Also he said that he is willing to pay his wife any amount determined by the court as alimony.
A bench of justices P. Sathasivam and J.S. Khehar said he cannot be granted divorce "for the simple reason that the breakdown is only from the side of the husband" while the wife has consistently maintained that her paramount desire was to rejoin her husband."
"We would in our endeavour to determine the issue in hand examine the matter by reversing roles of the parties. We will examine the matter as if the wife had approached the Family Court seeking divorce on the ground that her husband had suffered brain damage leading to cognitive deficiencies.
"Yet, despite the said deficiencies, his working memory had returned to ‘near normal’ after treatment. "And his mental condition was such, that it would not have any effect on his matrimonial obligations. And the wife's family is agreeable to pay an amount to be determined by this court, so as to enable their daughter to break away, and find a more suitable match.
"Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves, whether the husband would have accepted such a plea...?" The court said, "In such situation, if this Court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? "We have no doubt in our mind, that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just, the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," the bench said.
It also said the medical condition of the wife, on which the man had based his claim for divorce, was "of his own doing."
The apex court's order came on the appeal by the husband, who had challenged the decision of the Family court in Hyderabad and the Andhra Pradesh High Court which had rejected his plea for divorce from his wife.
The couple were married in 1997 when they were barely out of their teens.
After his wife's second pregnancy resulted in her suffering some mental disorder due to medical complications, he had moved the Family court in 2002 seeking divorce on the ground that she was not mentally sound.
The trial court had refused to grant him any relief saying that apart from his and his family's contentions that she had not recovered, there was no other evidence to support their claim.
The court also noted that as per medical professionals who had examined her, the woman's mental condition was found to be ‘normal’ and also that she was capable of discharging her marital obligations.
The high court had upheld the view of the trial court, and he had moved the apex court. He had contended before the apex court that they have been separated for over 12 years, their marriage is beyond salvage and as he is willing to pay a court determined amount as alimony, their marriage should be dissolved.
The apex court while refusing to grant him relief noted that "we cannot persuade ourselves to grant a decree of divorce, on the ground of irretrievable breakdown of marriage, for the simple reason that the breakdown is only from the side of the husband. The wife has consistently maintained, that she was intensely concerned with her future relationship with her husband, and that, her greatest and paramount desire was to rejoin her husband."
The bench also said that it was the husband himself who was ‘responsible for the state of affairs of his wife’.
 

 

http://www.deccanchronicle.com/130702/news-current-affairs/article/what-if-youre-her-shoes-sc-asks-rejecting-mans-divorce-plea 

NGO questions rise in cases of cruelty

NGO questions rise in cases of cruelty

Raising concern over the rise in cases of cruelty in West Bengal against women by their husbands or relatives but low rates of conviction, a non-government organisation has approached both the State government and the State Human Rights Commission. 

According to the statistics revealed by the National Crime Records Bureau (NCRB) last month or the year 2012, the number of cases registered under Section 498A of the Indian Penal Code (IPC) in the State was 19,885 — about 18.6 per cent of those recorded in the country, which totalled about 1.06 lakh cases. 

Referring to the NCRB data, members of the city-based NGO “Hridaya,” pointed out that while conviction in the rest of the country in cases registered under the Section was 15 per cent, it stood around 4.4 per cent in West Bengal. 

“This begs the question whether or not most of these cases were registered by the women with the motive of falsely implicating their spouses and his relatives?” Amit Gupta, secretary, Hridaya. 

The NCRB data over the past three years points out that conviction of cases registered under Section 498A varies between four and six per cent while the number of cases has increased by 11 per cent from 2010 to 2012. 

West Bengal registered 30,984 cases of crime against women in 2012 — the highest in the country — of which 64 per cent were registered under Section 498A of the IPC, Mr. Gupta pointed out. 

“Our objective is to spread awareness about the high number of cases registered for cruelty against women by their spouses and relatives. The law enforcement agencies should have specific guidelines to register cases under this section as majority of the cases are not ending in conviction,” he added.

http://www.thehindu.com/todays-paper/tp-national/ngo-questions-rise-in-cases-of-cruelty/article4875713.ece 

Magistrate held for 'rape' gets bail, to join duty

Magistrate held for 'rape' gets bail, to join duty

COIMBATORE: Judicial magistrate S Thangaraj, who was arrested on Saturday on charges of raping a female sub-inspector, got bail from the Tirupur district and principal sessions judge's court on Monday. The bail order was served to the Coimbatore Central Prison and the magistrate was released on Monday evening. "He will take charge on Tuesday at the fast track court in Coonoor," his lawyer, Bhavani B Mohan said.

Thangaraj was arrested from ThattanKuttai near Kumarapalayam in Namakkal district on Saturday and sent to judicial custody after a female sub-inspector lodged a complaint with the Palladam all women police station, alleging that he had a physical relationship with her for more than a year after promising to marry her. The Palladam all women police station registered a case against the magistrate under Sections 376 (rape), 417 (cheating) and 506 (i) (criminal intimidation) of the IPC.

Thangaraj filed a bail petition before the Tirupur district and principal sessions judge's court, which came up for hearing on Monday before judge K Ganeshan. Public prosecutor KN Subramaniam argued that police had followed the rules and regulations of the Supreme Court and Madras high court in registering the case and, hence, the accused should not be allowed to enter the Nilgiris and Tirupur districts till the police investigation was completed.

Senior advocate Bhavani B Mohan, appearing on behalf of Thangaraj, argued that the woman SI had lodged a complaint with the Palladam all women police station on June 21 and that the case was registered on June 29. Police arrested the magistrate on Saturday and slapped rape charges on him. The charge does not apply in this case as they were in a relationship with mutual consent. The magistrate was not even told about the grounds of arrest. Mohan termed the incident as an assault on the judiciary and pleaded to the court to release Thangaraj.

Judge Ganeshan granted bail after the arguments concluded. Thangaraj, 31, of Oonjapalayam in Erode district is judicial magistrate at the fast track court at Coonoor in the Nilgiris district. He had allegedly been in a relationship with the woman sub-inspector attached to Palladam police station. However, he married another woman on June 20.  http://timesofindia.indiatimes.com/india/Magistrate-held-for-rape-gets-bail-to-join-duty/articleshow/20867226.cms