Police, on Friday, arrested a 23-year-old woman who allegedly drove Sriraj Subramanian, an IT professional, to suicide.
Gayatri alias Jennifer, a resident of KR Puram and working with a
private bank’s tele-marketing department, trapped him in online romance
by mailing him fake photos and false messages.
According to deputy commissioner of police (east) TG Krishna Bhat,
Gayatri used to send him photos of her beautiful friend. She also mailed
him false information about her job by claiming that she was working as
an IT professional in a top firm. The girl had just passed 7th class.
Sriraj immediately fell in love with her. As the romance progressed, he
was longing to meet her. Then came the shock when, one day, he received
a mail saying that she was getting engaged with ‘David’ living in
England.
He believed her and his world crashed. The love-sick youth had only one choice left.
He took some sleeping pills, got into the rear seat of his black
Volkswagen, ran cell tape all over his legs, covered his head with a
plastic bag and put on the seat belt to embrace death.
On Tuesday morning, people found his body in that posture at AECS
Layout near Kundalahalli in the limits of Mahadevapura police station.
The police initially took it as a case of murder. But further
investigation and the post-mortem report confirmed that he had committed
suicide.
They soon traced the woman who had driven him to the extreme by
checking his emails. The last e-mail, the longest he had ever sent, was
around 2.37 am on Tuesday.
In it he told her how she should behave with her kids and husband in
future. She should never to scream at her children. He also requested
her to name her daughter as Kate and son as Jack.
Showing posts with label court. Show all posts
Showing posts with label court. Show all posts
Tuesday, 11 March 2014
Thursday, 12 September 2013
NRI duped in Punjab by ‘bride’ he never met
PHAGWARA: It was an NRI wedding that never got real.
A Greece-returned youth Parmjit who had met his 'dream girl' through the social media and arrived to wed her in style in a 20-car cavalcade, got a virtual slap on his face when he arrived at the marriage venue at Gobindpura village in Kapurthala district on Wednesday.
The bridegroom never dreamt that anything was amiss as the 'bride', Sandeep Kaur, was in constant touch with him, guiding him to the venue, a banquet hall on Nakodar Road, Phagwara. But, the minute the over 100-member baraat reached the place, she signed off.
The bridegroom who happily reached the palace at 11am in a flower-decked luxury car, and a row of baraatis in tow, couldn't believe his eyes when he found the banquet hall in Hadiabad area locked and nobody from the girl's family present. It took a few minutes for it to sink in that he had been set up. Devasted by this hoax, the youth's father fainted.
Pargan Singh, a numbardar of Gobindpura village, who was part of the baraat, said the groom had come in contact with the girl of Kotli village near Nakodar through the social media while he was in Greece. "The boy finalized the date and no one from his family was involved in negotiations for the matrimonial alliance or finalising of arrangements," he said.
"Celebrations were on at the groom's place for two days and nearly all his relatives had come to see him wed," said another relative.
Terming it "the worst humiliation of their life", some members of the marriage party spread word that they were ready to marry off the boy to any girl from the locality. A girl from a poor family was approached, but even her kin rejected the proposal as they were not sure about the groom's credentials. The baraat ultimately returned "empty-handed". By this time, the fraud had begun to add up for Parmjit, and he recollected how the girl had sought money from him on various pretexts. He went to Satnampura police station to lodge a complaint, but finally decided not to bother. http://timesofindia.indiatimes.com/nri/other-news/NRI-duped-in-Punjab-by-bride-he-never-met/articleshow/22502217.cms
A Greece-returned youth Parmjit who had met his 'dream girl' through the social media and arrived to wed her in style in a 20-car cavalcade, got a virtual slap on his face when he arrived at the marriage venue at Gobindpura village in Kapurthala district on Wednesday.
The bridegroom never dreamt that anything was amiss as the 'bride', Sandeep Kaur, was in constant touch with him, guiding him to the venue, a banquet hall on Nakodar Road, Phagwara. But, the minute the over 100-member baraat reached the place, she signed off.
The bridegroom who happily reached the palace at 11am in a flower-decked luxury car, and a row of baraatis in tow, couldn't believe his eyes when he found the banquet hall in Hadiabad area locked and nobody from the girl's family present. It took a few minutes for it to sink in that he had been set up. Devasted by this hoax, the youth's father fainted.
Pargan Singh, a numbardar of Gobindpura village, who was part of the baraat, said the groom had come in contact with the girl of Kotli village near Nakodar through the social media while he was in Greece. "The boy finalized the date and no one from his family was involved in negotiations for the matrimonial alliance or finalising of arrangements," he said.
"Celebrations were on at the groom's place for two days and nearly all his relatives had come to see him wed," said another relative.
Terming it "the worst humiliation of their life", some members of the marriage party spread word that they were ready to marry off the boy to any girl from the locality. A girl from a poor family was approached, but even her kin rejected the proposal as they were not sure about the groom's credentials. The baraat ultimately returned "empty-handed". By this time, the fraud had begun to add up for Parmjit, and he recollected how the girl had sought money from him on various pretexts. He went to Satnampura police station to lodge a complaint, but finally decided not to bother. http://timesofindia.indiatimes.com/nri/other-news/NRI-duped-in-Punjab-by-bride-he-never-met/articleshow/22502217.cms
Woman held for Bangalore techie's suicide
She mailed him photos of a friend, lied about her job, and cooked up her 'wedding'.
Court acquits two in dowry death case as complainant-cum-witness turns hostile
A local court on Tuesday acquitted two persons charged with abetment to suicide, as the complainant-cum-witness turned hostile.
Pawan, accused in the case was married to Sunita, who died after jumping from the third floor of her house in Sector 15-C on March 25 this year. Pawan allegedly harassed his wife for dowry. Sunita's brother Rajesh, who is the complainant in the case, had alleged that Pawan and his father Nand Kishore harassed his sister for money, following which a case was registered under Section 306 (abetment to suicide) of Indian Penal Code against them.
According to the complainant, he got a call on March 25 around 4 pm from the accused and was informed that his sister has been injured and has been taken to PGI. Around 7 pm on the same day his brother got a call that Sunita has jumped from the third floor of her house.
Rajesh, in his initial complaint, had alleged that Pawan and Nand Kishore demanded cash and motorbike. He had also told the police that they spent around Rs 12 to 15 lakh in the marriage which took place in 2000.
According to Rajesh, Sunita, a mother of two children, was not given proper food and was not allowed to meet her children. She was also sent to her parents ancestral home after marriage for some time. He said a local panchayat at her parents home tried to resolve the issue on several occasions.
However, Rajesh later turned hostile and refused to accept that he made any statement before the police regarding the amount of money being spent on the marriage. He also denied that he made any statement about any panchayat being held to resolve the dispute.
http://www.indianexpress.com/news/court-acquits-two-in-dowry-death-case-as-complainantcumwitness-turns-hostile/1167505/
Pawan, accused in the case was married to Sunita, who died after jumping from the third floor of her house in Sector 15-C on March 25 this year. Pawan allegedly harassed his wife for dowry. Sunita's brother Rajesh, who is the complainant in the case, had alleged that Pawan and his father Nand Kishore harassed his sister for money, following which a case was registered under Section 306 (abetment to suicide) of Indian Penal Code against them.
According to the complainant, he got a call on March 25 around 4 pm from the accused and was informed that his sister has been injured and has been taken to PGI. Around 7 pm on the same day his brother got a call that Sunita has jumped from the third floor of her house.
Rajesh, in his initial complaint, had alleged that Pawan and Nand Kishore demanded cash and motorbike. He had also told the police that they spent around Rs 12 to 15 lakh in the marriage which took place in 2000.
According to Rajesh, Sunita, a mother of two children, was not given proper food and was not allowed to meet her children. She was also sent to her parents ancestral home after marriage for some time. He said a local panchayat at her parents home tried to resolve the issue on several occasions.
However, Rajesh later turned hostile and refused to accept that he made any statement before the police regarding the amount of money being spent on the marriage. He also denied that he made any statement about any panchayat being held to resolve the dispute.
http://www.indianexpress.com/news/court-acquits-two-in-dowry-death-case-as-complainantcumwitness-turns-hostile/1167505/
नौकरी से निकाला तो की मालिक के बेटे की हत्या
नौकरी से निकाले जाने से नाराज एक युवती ने दिल्ली में मंगलवार रात
प्रॉपर्टी डीलर के बेटे की चाकू मारकर हत्या कर दी। युवती ने उसकी पत्नी पर
भी हमला किया।
नाकाम होने के बाद उसने खुद को चाकू मारकर खुदकुशी का प्रयास किया। उसे जख्मी हालत में दीनदयाल उपाध्याय अस्पताल में भर्ती कराया गया, जहां उसकी हालत नाजुक बनी हुई है।
पुलिस के अनुसार, सुशील गुप्ता सपरिवार अंबिका विहार में रहता है। उसके परिवार में पत्नी अनिता, बेटी स्वाति और बेटा वरुण (25) था। सुशील सुंदर विहार में प्रॉपर्टी का काम करता है।
मंगलवार रात अनिता अपने बेटे के साथ घर में मौजूद थी। इसी दौरान उसके पति के कार्यालय में कंप्यूटर ऑपरेटर का काम करने वाली आशा (25) उसके घर पर आई।
आशा अनिता से नौकरी से निकाले जाने और वेतन के रुपए नहीं दिए जाने पर नाराजगी जता रही थी। अनिता ने कार्यालय की बात कार्यालय में पति से करने की बात कही और उसे काफी समझाया।
कुछ देर बाद अनिता उसके लिए चाय बनाने के लिए रसोई में चली गई। इसी दौरान बेटे वरुण की चीख सुनकर वह पीछे मुड़ी। उसने आशा के हाथ में चाकू था और पास ही वरुण लहूलुहान अवस्था में पेट पकड़कर बैठा हुआ था।
'पूरे परिवार को खत्म कर देगी'
आशा ने कहा कि वह आज पूरे परिवार को खत्म कर देगी और अनिता पर चाकू से हमला कर दिया। इसी दौरान स्वाति आ गई और उसने आशा को पकड़ने का प्रयास किया। पकड़े जाने की डर से आशा ने अपने पेट में चाकू से दो वार कर लिए।
सूचना पर सुशील घर पहुंचा और दोनों को अस्पताल में भर्ती कराया, जहां उपचार के दौरान वरुण की देर रात मौत हो गई। आशा की हालत नाजुक बनी हुई है। उसे निजी अस्पताल से दीनदयाल उपाध्याय अस्पताल रेफर कर दिया गया है।
पुलिस अनिता की शिकायत पर हत्या, हत्या का प्रयास और खुदकुशी के प्रयास का मामला दर्ज कर जांच कर रही है। आशा को दो दिन पहले ही सुशील ने काम से निकाल दिया था।
http://www.amarujala.com/news/crime-bureau/woman-killed-her-employer-s-son-in-delhi/
नाकाम होने के बाद उसने खुद को चाकू मारकर खुदकुशी का प्रयास किया। उसे जख्मी हालत में दीनदयाल उपाध्याय अस्पताल में भर्ती कराया गया, जहां उसकी हालत नाजुक बनी हुई है।
पुलिस के अनुसार, सुशील गुप्ता सपरिवार अंबिका विहार में रहता है। उसके परिवार में पत्नी अनिता, बेटी स्वाति और बेटा वरुण (25) था। सुशील सुंदर विहार में प्रॉपर्टी का काम करता है।
मंगलवार रात अनिता अपने बेटे के साथ घर में मौजूद थी। इसी दौरान उसके पति के कार्यालय में कंप्यूटर ऑपरेटर का काम करने वाली आशा (25) उसके घर पर आई।
आशा अनिता से नौकरी से निकाले जाने और वेतन के रुपए नहीं दिए जाने पर नाराजगी जता रही थी। अनिता ने कार्यालय की बात कार्यालय में पति से करने की बात कही और उसे काफी समझाया।
कुछ देर बाद अनिता उसके लिए चाय बनाने के लिए रसोई में चली गई। इसी दौरान बेटे वरुण की चीख सुनकर वह पीछे मुड़ी। उसने आशा के हाथ में चाकू था और पास ही वरुण लहूलुहान अवस्था में पेट पकड़कर बैठा हुआ था।
'पूरे परिवार को खत्म कर देगी'
आशा ने कहा कि वह आज पूरे परिवार को खत्म कर देगी और अनिता पर चाकू से हमला कर दिया। इसी दौरान स्वाति आ गई और उसने आशा को पकड़ने का प्रयास किया। पकड़े जाने की डर से आशा ने अपने पेट में चाकू से दो वार कर लिए।
सूचना पर सुशील घर पहुंचा और दोनों को अस्पताल में भर्ती कराया, जहां उपचार के दौरान वरुण की देर रात मौत हो गई। आशा की हालत नाजुक बनी हुई है। उसे निजी अस्पताल से दीनदयाल उपाध्याय अस्पताल रेफर कर दिया गया है।
पुलिस अनिता की शिकायत पर हत्या, हत्या का प्रयास और खुदकुशी के प्रयास का मामला दर्ज कर जांच कर रही है। आशा को दो दिन पहले ही सुशील ने काम से निकाल दिया था।
http://www.amarujala.com/news/crime-bureau/woman-killed-her-employer-s-son-in-delhi/
Wednesday, 11 September 2013
Man dies after son held for 'kidnap'
A 73-year-old man died of cardiac arrest after his son was
arrested by Bangalore police for allegedly kidnapping and marrying a
girl, a few months ago.
Police have given the name of dead as Somashekhar, a resident of Mooranadu, near Madikeri.
Deviprasad, the son of Somashekhar, met Ramya, a resident of Bangalore, through a social networking site eight months ago and they fell in love. Ramya’s family was against their marriage.
But the couple tied the knot at Ashwini Temple in Madikeri in May and also registered their marriage on June 7. They stayed together for three months.
Missing complaint
On August 28, Deviprasad lodged a complaint at Madikeri Rural police station stating that Ramya had gone missing and suspected that her parents could have kidnapped her.
However, Ramya’s father, who is a jeep driver for a senior police officer in Bangalore, lodged a kidnap case against Deviprasad at Siddapura police station (Bangalore) on September 1.
In the wee hours of September 2, Ramya’s family members along with a few policemen barged into the house of Deviprasad.
They allegedly manhandled Deviprasad and pushed his father, who had diabetes and blood pressure, before arresting the former.
Somashekar, who suffered cardiac arrest was rushed to a private hospital in Madikeri. Shocked by his son’s arrest, he died of heart attack in the wee hours of Wednesday.
Released on parole
Deviprasad, who was arrested and taken to Bangalore, was produced before a court and was sent to judicial custody. It is learnt that Deviprasad has been released on parole following the death of his father.
Mysore Range IGP Ramachandra Rao said an impartial and comprehensive inquiry will be conducted into the incident.
Kamal Pant, Additional Commissioner (Law and Order), Bangalore, said that stringent action would be initiated against any officer found guilty in the incident.
H S Revanna, DCP (South) the divisional DCP under whose jurisdiction Siddapura police station lies, said that the Madikeri police had registered a case over the death of Somashekhar. case.
He said that they were waiting for the autopsy report and also the investigation report of Madikeri police who are trying to establish whether Siddapura police really assaulted the elderly man leading to his eventual death.
Strict action
He said that if the investigations revealed the involvement of policemen in Somashekar’s death, strict action will be taken against them. Siddapura police refused to comment on the issue.
http://www.deccanherald.com/content/355389/man-dies-son-held-kidnap.html
Police have given the name of dead as Somashekhar, a resident of Mooranadu, near Madikeri.
Deviprasad, the son of Somashekhar, met Ramya, a resident of Bangalore, through a social networking site eight months ago and they fell in love. Ramya’s family was against their marriage.
But the couple tied the knot at Ashwini Temple in Madikeri in May and also registered their marriage on June 7. They stayed together for three months.
Missing complaint
On August 28, Deviprasad lodged a complaint at Madikeri Rural police station stating that Ramya had gone missing and suspected that her parents could have kidnapped her.
However, Ramya’s father, who is a jeep driver for a senior police officer in Bangalore, lodged a kidnap case against Deviprasad at Siddapura police station (Bangalore) on September 1.
In the wee hours of September 2, Ramya’s family members along with a few policemen barged into the house of Deviprasad.
They allegedly manhandled Deviprasad and pushed his father, who had diabetes and blood pressure, before arresting the former.
Somashekar, who suffered cardiac arrest was rushed to a private hospital in Madikeri. Shocked by his son’s arrest, he died of heart attack in the wee hours of Wednesday.
Released on parole
Deviprasad, who was arrested and taken to Bangalore, was produced before a court and was sent to judicial custody. It is learnt that Deviprasad has been released on parole following the death of his father.
Mysore Range IGP Ramachandra Rao said an impartial and comprehensive inquiry will be conducted into the incident.
Kamal Pant, Additional Commissioner (Law and Order), Bangalore, said that stringent action would be initiated against any officer found guilty in the incident.
H S Revanna, DCP (South) the divisional DCP under whose jurisdiction Siddapura police station lies, said that the Madikeri police had registered a case over the death of Somashekhar. case.
He said that they were waiting for the autopsy report and also the investigation report of Madikeri police who are trying to establish whether Siddapura police really assaulted the elderly man leading to his eventual death.
Strict action
He said that if the investigations revealed the involvement of policemen in Somashekar’s death, strict action will be taken against them. Siddapura police refused to comment on the issue.
http://www.deccanherald.com/content/355389/man-dies-son-held-kidnap.html
Tuesday, 10 September 2013
Coimbatore woman files abuse case against husband working in California
COIMBATORE: A software engineering working in California has been
booked for physically and mentally abusing his wife by Coimbatore city
police on Saturday. The police have decided to send a lookout notice to
all airports in the country to arrest the software engineer.
According to police, Reena Rose Magdalene (31), from Subbarayanpudur near Somanur on the outskirts of the city, lodged a complaint with all women police station, Ramanathapuram, on Saturday. She stated in her complaint that she had completed her Msc Mphil and got married to A Lourde Thangaraj (34) from Periyar Nagar at Puliyakulam in the city on May 16, 2010. Her family gave a dowry of 15 sovereigns of gold and Rs2lakh cash. Soon after the wedding, the couple left for California.
The trouble started when Thangaraj began to physically and mentally abuse his wife.
Unable to bear the torture, Reena returned to India and resumed living with her parents. After relatives from both sides advised the couple, Reena returned to California to give her marriage another try.
However, Thangaraj had taken some obscene pictures of his wife discretely and began to threaten her saying if she failed to please him, he would publish the pictures online. This forced Reena to return to her hometown again. Her parents-in-law Anthony Grouse and Josephine Fernad also demanded for additional dowry from her.
Reena lodged a complaint with all women police station, Ramanathapuram on Saturday. Police inspector D Sathi Anusuya registered a case against the software engineer and his parents under section 498 (A) (husband or relatives of husband of a woman subjecting her to cruelty), 506 (i) (criminal intimidation) and under section 4 of Tamil Nadu Prohibition of Women Harassment Act.
Based on a Madras high court order, a case has been registered by police. "We will a send lookout notice to all airports in the country to detain the software engineer when he arrives in India," said inspector Sathi Anusuya. She also added that the police would conduct a detailed inquiry in connection with the case.
http://articles.timesofindia.indiatimes.com/2013-09-09/coimbatore/41902427_1_software-engineer-women-police-station-coimbatore-woman
According to police, Reena Rose Magdalene (31), from Subbarayanpudur near Somanur on the outskirts of the city, lodged a complaint with all women police station, Ramanathapuram, on Saturday. She stated in her complaint that she had completed her Msc Mphil and got married to A Lourde Thangaraj (34) from Periyar Nagar at Puliyakulam in the city on May 16, 2010. Her family gave a dowry of 15 sovereigns of gold and Rs2lakh cash. Soon after the wedding, the couple left for California.
The trouble started when Thangaraj began to physically and mentally abuse his wife.
Unable to bear the torture, Reena returned to India and resumed living with her parents. After relatives from both sides advised the couple, Reena returned to California to give her marriage another try.
However, Thangaraj had taken some obscene pictures of his wife discretely and began to threaten her saying if she failed to please him, he would publish the pictures online. This forced Reena to return to her hometown again. Her parents-in-law Anthony Grouse and Josephine Fernad also demanded for additional dowry from her.
Reena lodged a complaint with all women police station, Ramanathapuram on Saturday. Police inspector D Sathi Anusuya registered a case against the software engineer and his parents under section 498 (A) (husband or relatives of husband of a woman subjecting her to cruelty), 506 (i) (criminal intimidation) and under section 4 of Tamil Nadu Prohibition of Women Harassment Act.
Based on a Madras high court order, a case has been registered by police. "We will a send lookout notice to all airports in the country to detain the software engineer when he arrives in India," said inspector Sathi Anusuya. She also added that the police would conduct a detailed inquiry in connection with the case.
http://articles.timesofindia.indiatimes.com/2013-09-09/coimbatore/41902427_1_software-engineer-women-police-station-coimbatore-woman
1 in 10 men in Asia Pacific has raped an unknown woman, finds study
Feminism spread in such way that study results are coming the way they wants to show to others.
LONDON: In a new study to be announced on Tuesday by the British medical journal The Lancet,
a survey of more than 10,000 men in Asia Pacific region has found that
over 1 in 10 men report having raped a woman who was not their partner.
The number rose tremendously when rape of a partner was included.
Nearly 75% of those who committed rape said that they did so for sexual entitlement and over 50% said they did it for entertainment. Another 50% of men reported having committed some form of physical or sexual violence or abuse against their partner.
Men were surveyed from nine different sites across six different countries: Bangladesh, Cambodia, China, Indonesia, Papua New Guinea and Sri Lanka as part of a UN study on men and violence for prevention of gender-based violence in Asia and the Pacific.
Professor Rachel Jewkes of South Africa's Medical Research Council who carried out the study said, "In view of the high prevalence of rape worldwide, our findings clearly show that prevention strategies need to show increased focus on the structural and social risk factors for rape. We now need to move towards a culture of preventing the perpetration of rape from ever occurring, rather than relying on prevention through responses."
The surveys were performed by trained male interviewers who recorded results onto handheld computer devices with bespoke software. Participants answered the most sensitive questions alone by self-completing audio recordings in response to questions.
Men were not asked directly whether they had committed rape or violence, but were rather asked questions such as, "Have you ever forced a woman who was not your wife or girlfriend at the time to have sex?", or "Have you ever had sex with a woman who was too drugged or drunk to indicate whether she wanted it?"
Overall, over one in ten men surveyed (11%) reported having raped a woman who was not their partner.
When raping a partner was included, this proportion rose to nearly 24%. Of those men who reported having committed rape, just under half (45%) said they had raped more than one woman.
The prevalence of rape perpetration varied widely between study sites. The lowest prevalence of single perpetrator rape of a female non-partner was in rural Bangladesh (3%), while the highest prevalence (27%) was in Bougainville, Papua New Guinea.
The lowest prevalence (2%) of male rape was found in Jayapura and Jakarta in Indonesia while the highest (8%) was again found in Bougainville, Papua New Guinea.
When asked why they had committed rape, 73% of respondents who had committed rape said that they did so for reasons of sexual entitlement.
Over half (59%) said they did it for entertainment, while over a third (38%) said they had raped a woman in order to punish her. Over half (58%) of men who had raped somebody who was not their partner had committed their first rape as teenagers.
Men with a history of victimization especially childhood sexual abuses were more likely to have committed rape than those without such a past.
A history of physical violence towards a partner, having paid for sex, or having had a large number of sexual partners were also associated with an increased likelihood of having committed rape against a non-partner.
The number rose tremendously when rape of a partner was included.
Nearly 75% of those who committed rape said that they did so for sexual entitlement and over 50% said they did it for entertainment. Another 50% of men reported having committed some form of physical or sexual violence or abuse against their partner.
Men were surveyed from nine different sites across six different countries: Bangladesh, Cambodia, China, Indonesia, Papua New Guinea and Sri Lanka as part of a UN study on men and violence for prevention of gender-based violence in Asia and the Pacific.
Professor Rachel Jewkes of South Africa's Medical Research Council who carried out the study said, "In view of the high prevalence of rape worldwide, our findings clearly show that prevention strategies need to show increased focus on the structural and social risk factors for rape. We now need to move towards a culture of preventing the perpetration of rape from ever occurring, rather than relying on prevention through responses."
The surveys were performed by trained male interviewers who recorded results onto handheld computer devices with bespoke software. Participants answered the most sensitive questions alone by self-completing audio recordings in response to questions.
Men were not asked directly whether they had committed rape or violence, but were rather asked questions such as, "Have you ever forced a woman who was not your wife or girlfriend at the time to have sex?", or "Have you ever had sex with a woman who was too drugged or drunk to indicate whether she wanted it?"
Overall, over one in ten men surveyed (11%) reported having raped a woman who was not their partner.
When raping a partner was included, this proportion rose to nearly 24%. Of those men who reported having committed rape, just under half (45%) said they had raped more than one woman.
The prevalence of rape perpetration varied widely between study sites. The lowest prevalence of single perpetrator rape of a female non-partner was in rural Bangladesh (3%), while the highest prevalence (27%) was in Bougainville, Papua New Guinea.
The lowest prevalence (2%) of male rape was found in Jayapura and Jakarta in Indonesia while the highest (8%) was again found in Bougainville, Papua New Guinea.
When asked why they had committed rape, 73% of respondents who had committed rape said that they did so for reasons of sexual entitlement.
Over half (59%) said they did it for entertainment, while over a third (38%) said they had raped a woman in order to punish her. Over half (58%) of men who had raped somebody who was not their partner had committed their first rape as teenagers.
Men with a history of victimization especially childhood sexual abuses were more likely to have committed rape than those without such a past.
A history of physical violence towards a partner, having paid for sex, or having had a large number of sexual partners were also associated with an increased likelihood of having committed rape against a non-partner.
HC gives guide lines to lower courts on maintainance cases
CHENNAI: The Madras High Court has instructed trial courts dealing
with the cases of maintenance to follow the guidelines under Section 125
of Criminal Procedure code.
Justice S Vimala gave the instruction, while deciding whether a trial court should permit restoration of the petition for maintenance.
Through this, the wife could seek revision of compensation order on the ground that it was inadequate.
On a criminal revision cases filed by Vimala Sophia and her minor son, the Judge said trial courts could grant interim maintenance based upon the affidavit filed by the petitioners.
Petitions filed for interim maintenance shall be disposed of within 60 Days from the date of Service of the Notice to the concerned parties, the judge said.
The above provision would help to prove interim maintenance for women and also provide equal opportunity for the wife to contest the case, the Judge said, directing the trial courts dealing with the cases of maintenance to record the reasons if they are unable to pass the interim maintenance.
The courts dealing with such cases at the first hearing itself should make use of the provisions providing for the oral examination of parties to ascertain whether the dispute can be referred to alternate dispute resolution methods.
Vimala Sophaia sought the court to permit her to withdraw the endorsement made by her and for enhancement of the maintenance.
The trial Court has passed an order in 2009 to pay Rs 2000 per month by Vimala Sophia's husband to the minor son who is suffering from Deficit Hyper Activity Disorder.
Challenging the order she filed the petition in the High Court.
The Judge set aside the order of the lower court and directed her husband to pay Rs 10,000 per month to the son from 01.02.2012 till the disposal of both the maintenance cases as an interim measure.
The Judge also set-aside the order passed by the trial court not allowing the wife to withdraw endorsement made by her to the effect that she is withdrawing the case. The Judge then directed the Family Court, Chennai, which is dealing with the case to dispose of both the petitions.
Justice S Vimala gave the instruction, while deciding whether a trial court should permit restoration of the petition for maintenance.
Through this, the wife could seek revision of compensation order on the ground that it was inadequate.
On a criminal revision cases filed by Vimala Sophia and her minor son, the Judge said trial courts could grant interim maintenance based upon the affidavit filed by the petitioners.
Petitions filed for interim maintenance shall be disposed of within 60 Days from the date of Service of the Notice to the concerned parties, the judge said.
The above provision would help to prove interim maintenance for women and also provide equal opportunity for the wife to contest the case, the Judge said, directing the trial courts dealing with the cases of maintenance to record the reasons if they are unable to pass the interim maintenance.
The courts dealing with such cases at the first hearing itself should make use of the provisions providing for the oral examination of parties to ascertain whether the dispute can be referred to alternate dispute resolution methods.
Vimala Sophaia sought the court to permit her to withdraw the endorsement made by her and for enhancement of the maintenance.
The trial Court has passed an order in 2009 to pay Rs 2000 per month by Vimala Sophia's husband to the minor son who is suffering from Deficit Hyper Activity Disorder.
Challenging the order she filed the petition in the High Court.
The Judge set aside the order of the lower court and directed her husband to pay Rs 10,000 per month to the son from 01.02.2012 till the disposal of both the maintenance cases as an interim measure.
The Judge also set-aside the order passed by the trial court not allowing the wife to withdraw endorsement made by her to the effect that she is withdrawing the case. The Judge then directed the Family Court, Chennai, which is dealing with the case to dispose of both the petitions.
अच्छी बहू: पढ़ें एक वर्किंग वुमन की उम्मीदें
Is this need or demand? Already feminism reached its high then why do we need these kind of news paper articles?
हमने 'अच्छी बहू' पर एक बहस शुरू की है। इस बहस में लोगों ने जबर्दस्त ढंग से पार्टिसिपेट किया। इस पर बेशुमार प्रतिक्रियाएं मिलीं। इसी क्रम में हमारी एक रीडर ने हमसे अपनी 'उम्मीदें' एक कविता के जरिए शेयर की। रीडर की यह अनुभूति दिल को छू लेने वाली है।
यह कविता मूल रूप से अंग्रेजी में है, लेकिन हमने आपके लिए इसका भावार्थ हिंदी में भी कर दिया है। इसे पढ़ें और इस पर अपनी प्रतिक्रिया दें:-
Tomorrow u may get a working woman, but you should marry her with these facts as well...
Here is a girl, who is as educated as you ; Who is earning as much as you ;
One, who has dreams and aspirations just as you have because she is as human as you are ;
One, who has never entered the kitchen in her life just like you or your Sister haven't, as she was busy in studies and competing in a system that gives no special concession to girls for their culinary achievements.
One, who has lived and loved her parents & brothers & sisters, as much as you do for 25 years of her life ;
One, who has bravely agreed to leave behind all that, her home, people who love her, to adopt your home, your family, your ways and even your family name
One, who is somehow expected to be a master-chef from day #1, while you sleep oblivious to her predicament in her new circumstances, environment and that kitchen
One, who is expected to make the tea, first thing in the morning and cook food at the end of the day, even if she is as tired as you are, maybe more,
and yet never ever expected to complain ;
to be a servant, a cook, a mother, a wife, even if she doesn't want to ; and is learning just like you are, as to what you want from her ; and is clumsy and sloppy at times and knows that you won't like it if she is too demanding, or if she learns faster than you.
One, who has her own set of friends, and that includes boys and even men at her workplace too, those, who she knows from school days and yet is willing to put all that on the back-burner to avoid your irrational jealousy, unnecessary competition and your inherent insecurities.
Yes, she can drink and dance just as well as you can, but won't, simply
Because you won't like it, even though you say otherwise.
One, who can be late from work once in a while when deadlines, just like yours, are to be met.
One, who is doing her level best and wants to make this most important relationship in her entire life a grand success, if you just help her some
and trust her.
One, who just wants one thing from you, as you are the only one she knows in your entire house - your unstinted support, your sensitivities and most importantly - your understanding, or love, if you may call it that.
But not many guys understand this...
हिंदी में भावार्थ:-
कल को आपकी शादी एक वर्किंग वुमन से भी हो सकती है, मगर शादी करने से पहले आपको इन बातों का ख्याल रखना होगा;
एक लड़की है, जो आपकी तरह ही पढ़ी-लिखी है और कमा भी रही है। उसके ख्वाब भी आपकी तरह ही हैं, क्योंकि वह भी आपकी तरह इंसान ही तो है। वह लड़की 25 सालों तक अपने पैरंट्स और भाई-बहनों के साथ रही, ठीक आपकी ही तरह। जिसने बड़ी ही बहादुरी से अपने घर और परिजनों को छोड़ने का फैसला कर लिया, ताकि आपके घर, आपके परिवार, तौर-तरीकों और परिवार के नाम को अपना सके।
जब वह लड़की नए हालात, नए माहौल से जूझ रही होती है, तब आप बेखबर होकर सो रहे होते हैं। और उस लड़की से उम्मीद की जाती है कि पहले ही दिन वह मास्टर शेफ बन जाए। वह लड़की कभी किचन में नहीं गई थी। ठीक आपकी बहन की तरह, जो कि अपनी पढ़ाई में बिज़ी होने या फिर दूसरे संघर्षों की वजह से ऐसा नहीं कर पाई। मगर ये सब बातें उस लड़की को किचन में किसी तरह की रियायत नहीं दिला पातीं।
उससे सुबह उठकर सबसे पहले चाय बनाने की उम्मीद की जाती है और दिन के आखिर में खाना बनाने की चाह रखी जाती है। इस बात का कोई फर्क नहीं पड़ता कि वह आपकी ही तरह या आपसे ज्यादा थकी-मांदी है। वह नौकर, कुक, मां और पत्नी जैसी भूमिकाएं एक साथ निभा रही होती है। भले ही यह सब करने का उसका मन न हो, मगर वह ये सब करती है। और ऊपर से उससे उम्मीद की जाती है कि वह इसके लिए उफ तक न करे।
वह समझने की कोशिश करती है कि आप उससे क्या उम्मीदें रखते हैं, क्या चाहते है। मगर उसे यह भी मालूम रहता है कि आपको उसका डिमांडिंग होना पसंद नहीं आएगा। उसे यह भी मालूम है कि अगर वह आपके मुकाबले जल्दी से सीखती-समझती है, तो आपको यह बात भी पसंद नहीं आएगी।
उसके अपने दोस्त होते हैं, जिनमें लड़के और उसके ऑफिस में काम करने वाले पुरुष भी शामिल हैं। वे लोग भी, जिन्हें वह स्कूल के दिनों से जानती है। मगर वह उन सबको छोड़ने के लिए तैयार है, ताकि आपको किसी तरह की जलन न हो और बेवजह इनसिक्यॉर न हो जाएं। हां, वह आपकी ही तरह ड्रिंक कर सकती है, डांस कर सकती है, मगर वह ऐसा नहीं करती। भले ही आप कुछ भी कहें, मगर आप इसे पसंद नहीं करेंगे। वह काम की डेडलाइन्स को पूरा करने के लिए कभी-कभी ऑफिस से लेट भी हो सकती है, जैसे कि आप भी होते हैं।
अगर आप उसकी थोड़ी सी मदद करें और उस पर ट्रस्ट करें, तो वह अपनी तरफ से पूरी कोशिश करती है कि ताकि उसकी जिंदगी का सबसे खास रिश्ता कामयाब हो। पूरे घर में वह आपके ही सबसे ज्यादा करीब होती है। उसे आपसे कुछ ज्यादा नहीं चाहिए, वह आपसे सपोर्ट चाहती है और चाहती है कि आप सेंसिटिव रहें उसे लेकर। जो बात उसके लिए सबसे ज्यादा मायने रखती है, वह यह कि आप उसे समझें। जी हां, इस सब को आप प्यार कह सकते है। यानी वह बस इतना चाहती है कि आप उसे प्यार करें।
मगर बहुत कम लोग हैं जो इस बात को समझते हैं...
http://navbharattimes.indiatimes.com/home-and-relations/ladies-special/working-women/articleshow/22438856.cms
हमने 'अच्छी बहू' पर एक बहस शुरू की है। इस बहस में लोगों ने जबर्दस्त ढंग से पार्टिसिपेट किया। इस पर बेशुमार प्रतिक्रियाएं मिलीं। इसी क्रम में हमारी एक रीडर ने हमसे अपनी 'उम्मीदें' एक कविता के जरिए शेयर की। रीडर की यह अनुभूति दिल को छू लेने वाली है।
यह कविता मूल रूप से अंग्रेजी में है, लेकिन हमने आपके लिए इसका भावार्थ हिंदी में भी कर दिया है। इसे पढ़ें और इस पर अपनी प्रतिक्रिया दें:-
Tomorrow u may get a working woman, but you should marry her with these facts as well...
Here is a girl, who is as educated as you ; Who is earning as much as you ;
One, who has dreams and aspirations just as you have because she is as human as you are ;
One, who has never entered the kitchen in her life just like you or your Sister haven't, as she was busy in studies and competing in a system that gives no special concession to girls for their culinary achievements.
One, who has lived and loved her parents & brothers & sisters, as much as you do for 25 years of her life ;
One, who has bravely agreed to leave behind all that, her home, people who love her, to adopt your home, your family, your ways and even your family name
One, who is somehow expected to be a master-chef from day #1, while you sleep oblivious to her predicament in her new circumstances, environment and that kitchen
One, who is expected to make the tea, first thing in the morning and cook food at the end of the day, even if she is as tired as you are, maybe more,
and yet never ever expected to complain ;
to be a servant, a cook, a mother, a wife, even if she doesn't want to ; and is learning just like you are, as to what you want from her ; and is clumsy and sloppy at times and knows that you won't like it if she is too demanding, or if she learns faster than you.
One, who has her own set of friends, and that includes boys and even men at her workplace too, those, who she knows from school days and yet is willing to put all that on the back-burner to avoid your irrational jealousy, unnecessary competition and your inherent insecurities.
Yes, she can drink and dance just as well as you can, but won't, simply
Because you won't like it, even though you say otherwise.
One, who can be late from work once in a while when deadlines, just like yours, are to be met.
One, who is doing her level best and wants to make this most important relationship in her entire life a grand success, if you just help her some
and trust her.
One, who just wants one thing from you, as you are the only one she knows in your entire house - your unstinted support, your sensitivities and most importantly - your understanding, or love, if you may call it that.
But not many guys understand this...
हिंदी में भावार्थ:-
कल को आपकी शादी एक वर्किंग वुमन से भी हो सकती है, मगर शादी करने से पहले आपको इन बातों का ख्याल रखना होगा;
एक लड़की है, जो आपकी तरह ही पढ़ी-लिखी है और कमा भी रही है। उसके ख्वाब भी आपकी तरह ही हैं, क्योंकि वह भी आपकी तरह इंसान ही तो है। वह लड़की 25 सालों तक अपने पैरंट्स और भाई-बहनों के साथ रही, ठीक आपकी ही तरह। जिसने बड़ी ही बहादुरी से अपने घर और परिजनों को छोड़ने का फैसला कर लिया, ताकि आपके घर, आपके परिवार, तौर-तरीकों और परिवार के नाम को अपना सके।
जब वह लड़की नए हालात, नए माहौल से जूझ रही होती है, तब आप बेखबर होकर सो रहे होते हैं। और उस लड़की से उम्मीद की जाती है कि पहले ही दिन वह मास्टर शेफ बन जाए। वह लड़की कभी किचन में नहीं गई थी। ठीक आपकी बहन की तरह, जो कि अपनी पढ़ाई में बिज़ी होने या फिर दूसरे संघर्षों की वजह से ऐसा नहीं कर पाई। मगर ये सब बातें उस लड़की को किचन में किसी तरह की रियायत नहीं दिला पातीं।
उससे सुबह उठकर सबसे पहले चाय बनाने की उम्मीद की जाती है और दिन के आखिर में खाना बनाने की चाह रखी जाती है। इस बात का कोई फर्क नहीं पड़ता कि वह आपकी ही तरह या आपसे ज्यादा थकी-मांदी है। वह नौकर, कुक, मां और पत्नी जैसी भूमिकाएं एक साथ निभा रही होती है। भले ही यह सब करने का उसका मन न हो, मगर वह ये सब करती है। और ऊपर से उससे उम्मीद की जाती है कि वह इसके लिए उफ तक न करे।
वह समझने की कोशिश करती है कि आप उससे क्या उम्मीदें रखते हैं, क्या चाहते है। मगर उसे यह भी मालूम रहता है कि आपको उसका डिमांडिंग होना पसंद नहीं आएगा। उसे यह भी मालूम है कि अगर वह आपके मुकाबले जल्दी से सीखती-समझती है, तो आपको यह बात भी पसंद नहीं आएगी।
उसके अपने दोस्त होते हैं, जिनमें लड़के और उसके ऑफिस में काम करने वाले पुरुष भी शामिल हैं। वे लोग भी, जिन्हें वह स्कूल के दिनों से जानती है। मगर वह उन सबको छोड़ने के लिए तैयार है, ताकि आपको किसी तरह की जलन न हो और बेवजह इनसिक्यॉर न हो जाएं। हां, वह आपकी ही तरह ड्रिंक कर सकती है, डांस कर सकती है, मगर वह ऐसा नहीं करती। भले ही आप कुछ भी कहें, मगर आप इसे पसंद नहीं करेंगे। वह काम की डेडलाइन्स को पूरा करने के लिए कभी-कभी ऑफिस से लेट भी हो सकती है, जैसे कि आप भी होते हैं।
अगर आप उसकी थोड़ी सी मदद करें और उस पर ट्रस्ट करें, तो वह अपनी तरफ से पूरी कोशिश करती है कि ताकि उसकी जिंदगी का सबसे खास रिश्ता कामयाब हो। पूरे घर में वह आपके ही सबसे ज्यादा करीब होती है। उसे आपसे कुछ ज्यादा नहीं चाहिए, वह आपसे सपोर्ट चाहती है और चाहती है कि आप सेंसिटिव रहें उसे लेकर। जो बात उसके लिए सबसे ज्यादा मायने रखती है, वह यह कि आप उसे समझें। जी हां, इस सब को आप प्यार कह सकते है। यानी वह बस इतना चाहती है कि आप उसे प्यार करें।
मगर बहुत कम लोग हैं जो इस बात को समझते हैं...
http://navbharattimes.indiatimes.com/home-and-relations/ladies-special/working-women/articleshow/22438856.cms
Monday, 9 September 2013
Adultery is not cruelty, Supreme Court says
NEW
DELHI: Merely being "intimate" with another woman is not sufficient
ground for a man to be held guilty of inflicting cruelty on his wife on
the charge of failing to discharge his marital obligations, the Supreme Court ruled on Monday.
Only if treatment meted out to the wife is of a nature as is likely to drive her to commit suicide will it fall within the ambit of Section 498A of IPC, a provision of the penal code providing up to three years in jail, said the bench.
"We are of the view that the mere fact that the husband has developed some intimacy with another, during the subsistence of marriage, and failed to discharge his marital obligations, as such would not amount to cruelty," said a bench of Justices K S Radhakrishnan and P C Ghose.
The SC reading of what constitutes cruelty brought relief to a man who had been convicted by both the trial court and the high court for behaviour that resulted in the suicide of his wife due to an alleged extra-marital affair at his place of work.
The ruling came in a case where the wife committed suicide suspecting the husband of intimacy with a woman colleague in office. The trial court and the Gujarat high court held him guilty under Section 498A for causing cruelty to his wife and under Section 306 of IPC for abetting suicide.
"Harassment, of course, need not be in the form of physical assault and even mental harassment also would come within the purview of Section 498A IPC. Mental cruelty, of course, varies from person to person, depending upon the intensity and the degree of endurance, some may meet with courage and some others suffer in silence, to some it may be unbearable and a weak person may think of ending one's life," the bench said.
But keeping in view the case before it, the apex court set aside the concurrent judgments to exonerate the man of any wrongdoing and said, "We, on facts, found that the alleged extra-marital relationship was not of such a nature as to drive the wife to commit suicide or that A-1 (husband) had ever intended or acted in such a manner which under normal circumstances, would drive the wife to commit suicide."
Writing the judgment for the bench, Justice Radhakrishnan said to charge a husband for abetment of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.
"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.
Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth." http://timesofindia.indiatimes.com/india/Adultery-is-not-cruelty-Supreme-Court-says/articleshow/22445870.cms
Only if treatment meted out to the wife is of a nature as is likely to drive her to commit suicide will it fall within the ambit of Section 498A of IPC, a provision of the penal code providing up to three years in jail, said the bench.
"We are of the view that the mere fact that the husband has developed some intimacy with another, during the subsistence of marriage, and failed to discharge his marital obligations, as such would not amount to cruelty," said a bench of Justices K S Radhakrishnan and P C Ghose.
The SC reading of what constitutes cruelty brought relief to a man who had been convicted by both the trial court and the high court for behaviour that resulted in the suicide of his wife due to an alleged extra-marital affair at his place of work.
The ruling came in a case where the wife committed suicide suspecting the husband of intimacy with a woman colleague in office. The trial court and the Gujarat high court held him guilty under Section 498A for causing cruelty to his wife and under Section 306 of IPC for abetting suicide.
"Harassment, of course, need not be in the form of physical assault and even mental harassment also would come within the purview of Section 498A IPC. Mental cruelty, of course, varies from person to person, depending upon the intensity and the degree of endurance, some may meet with courage and some others suffer in silence, to some it may be unbearable and a weak person may think of ending one's life," the bench said.
But keeping in view the case before it, the apex court set aside the concurrent judgments to exonerate the man of any wrongdoing and said, "We, on facts, found that the alleged extra-marital relationship was not of such a nature as to drive the wife to commit suicide or that A-1 (husband) had ever intended or acted in such a manner which under normal circumstances, would drive the wife to commit suicide."
Writing the judgment for the bench, Justice Radhakrishnan said to charge a husband for abetment of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.
"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.
Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth." http://timesofindia.indiatimes.com/india/Adultery-is-not-cruelty-Supreme-Court-says/articleshow/22445870.cms
Majority of rape and dowry death cases are settled out of court
Though clamour for stringent punishment for those accused of
crime against women is getting louder, the fate of such cases is still
beyond expectations.
From January to August this year
Of the total 115 cases registered under sections 304-B (dowry death) and 376 (rape) of the Indian Penal Code (IPC) reached in Rohtak court, in 31 cases, the perpetrators of crime were let off in want of evidence, while five could be nailed.
Following the nation's outcry on bone chilling gang rape with a paramedical student in New Delhi, the high court had ordered the district court to speed up pending cases of crime against women in district courts.
As per available data, in January, in three accused of rape (different cases)were acquitted in lack of evidence, while one accused of dowry death was also set free for the same reason. No one was convicted in this month. In February, four rape accused were set free, while one was convicted and one was convicted in dowry death in the same month.
In March, three perpetrators were set free by court here, while no one was convicted in rape and dowry death. In April, three were acquitted in rape and one was acquitted in dowry death, while one each was convicted in rape and dowry death.
In May, the case of rape could not stand legal scrutiny and three were set free, while one was set free in dowry death. Court remained off in June month. In July, five rape accused were released, while two were set free, who were booked by police on dowry death.
The result remained non-impressive in August month, two rape accused were set free, while three dowry death were acquitted in lack of evidence. Sources inside court maintained that majority of the rape and dowry death cases fall flat in court, as a result of out of court settlement.
In such cases, the popular modus operandi is to refuse to identify the accused inside the court, which weakens the cases and accused were let off. In some cases, the accused and victim get ready to withdraw the case on the promise of marriage in presence of panchayat members from both sides.
In one such case (rape) registered on 13/08/2013 by a dalit girl on a Punjabi community boy, the victim later refused act of rape on her.
The court of additional district and session judge Seema Singhal on 13/08/2013 had imposed a fine of Rs.1000 on the victim and a punishment of one day(Till the Court rise).
Currently, 66 rape and Prevention of Children from Sexual Offences Act and 14 dowry death cases are pending in court.
http://www.hindustantimes.com/India-news/Haryana/Majority-of-rape-and-dowry-death-cases-are-settled-out-of-court/Article1-1118434.aspx
From January to August this year
Of the total 115 cases registered under sections 304-B (dowry death) and 376 (rape) of the Indian Penal Code (IPC) reached in Rohtak court, in 31 cases, the perpetrators of crime were let off in want of evidence, while five could be nailed.
Following the nation's outcry on bone chilling gang rape with a paramedical student in New Delhi, the high court had ordered the district court to speed up pending cases of crime against women in district courts.
As per available data, in January, in three accused of rape (different cases)were acquitted in lack of evidence, while one accused of dowry death was also set free for the same reason. No one was convicted in this month. In February, four rape accused were set free, while one was convicted and one was convicted in dowry death in the same month.
In March, three perpetrators were set free by court here, while no one was convicted in rape and dowry death. In April, three were acquitted in rape and one was acquitted in dowry death, while one each was convicted in rape and dowry death.
In May, the case of rape could not stand legal scrutiny and three were set free, while one was set free in dowry death. Court remained off in June month. In July, five rape accused were released, while two were set free, who were booked by police on dowry death.
The result remained non-impressive in August month, two rape accused were set free, while three dowry death were acquitted in lack of evidence. Sources inside court maintained that majority of the rape and dowry death cases fall flat in court, as a result of out of court settlement.
In such cases, the popular modus operandi is to refuse to identify the accused inside the court, which weakens the cases and accused were let off. In some cases, the accused and victim get ready to withdraw the case on the promise of marriage in presence of panchayat members from both sides.
In one such case (rape) registered on 13/08/2013 by a dalit girl on a Punjabi community boy, the victim later refused act of rape on her.
The court of additional district and session judge Seema Singhal on 13/08/2013 had imposed a fine of Rs.1000 on the victim and a punishment of one day(Till the Court rise).
Currently, 66 rape and Prevention of Children from Sexual Offences Act and 14 dowry death cases are pending in court.
http://www.hindustantimes.com/India-news/Haryana/Majority-of-rape-and-dowry-death-cases-are-settled-out-of-court/Article1-1118434.aspx
Bail, not jail, the norm, says SC, but the reality is opposite
MUMBAI:
Bail, not jail, is a dominant principle of criminal law practised by
every mature democracy and in India often in its breach. Be it A Raja or
Kanimozhi in the 2G case, Suresh Kalmadi in the CWG case or Asaram,
facing an unproven sexual assault charge, once a case becomes high
profile courts are diffident to grant bail even if that flies against
the express directive of the Supreme Court.
The same neglect of the principle is often seen in the case of thousands of undertrial prisoners — people who fall in a category that's quite the opposite of the high-profile cases; men and women without resources, financial or political — who are left to languish in jail for want of bail orders from trial courts.
The same neglect of the principle is often seen in the case of thousands of undertrial prisoners — people who fall in a category that's quite the opposite of the high-profile cases; men and women without resources, financial or political — who are left to languish in jail for want of bail orders from trial courts.
A Mumbai lawyer says: "It's not only the underprivileged who fail to
secure justice at a pre-trial stage, even highprofile arrests — cases
that attract media hype — are often denied bail without adequate reasons
for days or months." While releasing a bunch of accused in the 2G scam
case, the SC reinforced that bail ought to be a norm, not jail.
Stiff opposition by police to bail applications even when investigations are over and the accused not likely to flee, has become the norm, lawyers said. Senior crime counsel Amit Desai said: "The court must be alive to the fact that liberty, a fundamental right, is taken away in such instances. It must ensure that the investigating officer concentrates on investigation that requires an accused to be in custody so that he can secure his liberty at the earliest.''
Police often treat denial of bail as an "easy route'', say experts. "Trials take time to begin. Often pre-trial incarceration exceeds maximum punishment for the charges invoked or becomes an incentive for police not to create a water-tight case on evidence,'' said advocate Saurabh Kirpal from Delhi. He added: "It becomes an easy route not to work hard at getting a conviction and treat pre-trial custody as substitute punishment."
There are times when despite long pre-trial jail, the case may end with an acquittal, which makes a mockery of justice. The need for an arrest is to secure presence of the accused for investigation, prevent further crimes and escape, make the community safer if the accused is prone to violence, and witness tampering. When these factors are absent, bail should be automatic.
Ashok Desai, former attorney general, said, "The object of denying bail cannot be punitive because punishment starts after conviction. Until then the accused is deemed innocent. Although bail, not jail, is the principle, there are two main factors to deny bail — possibility of the accused absconding and probability that he may interfere with the investigation and witnesses.
"A court has to balance the valuable right of liberty and the interest of society. It's here that often the prosecution suggests that if the offence is serious or the accused is an influential person, there's a danger of his absconding. This is why courts can impose conditional bail. If a condition is transgressed, the bail can be cancelled. Bail cannot be denied to teach a lesson to one whose offence is yet to be proved."
A series of commissions, from the third police commission to the law commission, stressed how police misuse arrest-powers. Ram Jethmalani, ace defence counsel, has for decades stressed that "pretrial arrest is neither meant to be punitive nor a punishment before verdict. It's meant to facilitate investigation." If an accused cooperates with the police and submits himself for investigation there's no justification for arrest, he said.
Senior Supreme Court counsel CA Sundaram said that legally, bail is a right. Advocate Harshad Ponda said liberty is guaranteed as a fundamental right. Under the right to life, liberty cannot be denied without adequate reason. Except when justified in heinous crimes such as rape, murder and dacoity.
Added Shrikant Bhat, a leading crime counsel in Mumbai: "The SC in 1994 laid down guidelines that hold good today. It proscribed police from using their power to arrest, just because it exists, without justification." Advocate Aabad Ponda said: "The amendment to the CrPC is to bring in some checks on indiscriminate and liberal arrests without any warrant by police.'' Every offence classified as non-bailable does not justify an arrest, said advocate Anand Grover.
Even in jurisdictions abroad, as in Florida, the law is firm that bail applications be decided on grounds that don't impinge on a person's liberty more than necessary to aid investigation or secure society's interest.
http://articles.timesofindia.indiatimes.com/2013-09-08/india/41873447_1_denying-bail-conditional-bail-cwg-case
Stiff opposition by police to bail applications even when investigations are over and the accused not likely to flee, has become the norm, lawyers said. Senior crime counsel Amit Desai said: "The court must be alive to the fact that liberty, a fundamental right, is taken away in such instances. It must ensure that the investigating officer concentrates on investigation that requires an accused to be in custody so that he can secure his liberty at the earliest.''
Police often treat denial of bail as an "easy route'', say experts. "Trials take time to begin. Often pre-trial incarceration exceeds maximum punishment for the charges invoked or becomes an incentive for police not to create a water-tight case on evidence,'' said advocate Saurabh Kirpal from Delhi. He added: "It becomes an easy route not to work hard at getting a conviction and treat pre-trial custody as substitute punishment."
There are times when despite long pre-trial jail, the case may end with an acquittal, which makes a mockery of justice. The need for an arrest is to secure presence of the accused for investigation, prevent further crimes and escape, make the community safer if the accused is prone to violence, and witness tampering. When these factors are absent, bail should be automatic.
Ashok Desai, former attorney general, said, "The object of denying bail cannot be punitive because punishment starts after conviction. Until then the accused is deemed innocent. Although bail, not jail, is the principle, there are two main factors to deny bail — possibility of the accused absconding and probability that he may interfere with the investigation and witnesses.
"A court has to balance the valuable right of liberty and the interest of society. It's here that often the prosecution suggests that if the offence is serious or the accused is an influential person, there's a danger of his absconding. This is why courts can impose conditional bail. If a condition is transgressed, the bail can be cancelled. Bail cannot be denied to teach a lesson to one whose offence is yet to be proved."
A series of commissions, from the third police commission to the law commission, stressed how police misuse arrest-powers. Ram Jethmalani, ace defence counsel, has for decades stressed that "pretrial arrest is neither meant to be punitive nor a punishment before verdict. It's meant to facilitate investigation." If an accused cooperates with the police and submits himself for investigation there's no justification for arrest, he said.
Senior Supreme Court counsel CA Sundaram said that legally, bail is a right. Advocate Harshad Ponda said liberty is guaranteed as a fundamental right. Under the right to life, liberty cannot be denied without adequate reason. Except when justified in heinous crimes such as rape, murder and dacoity.
Added Shrikant Bhat, a leading crime counsel in Mumbai: "The SC in 1994 laid down guidelines that hold good today. It proscribed police from using their power to arrest, just because it exists, without justification." Advocate Aabad Ponda said: "The amendment to the CrPC is to bring in some checks on indiscriminate and liberal arrests without any warrant by police.'' Every offence classified as non-bailable does not justify an arrest, said advocate Anand Grover.
Even in jurisdictions abroad, as in Florida, the law is firm that bail applications be decided on grounds that don't impinge on a person's liberty more than necessary to aid investigation or secure society's interest.
http://articles.timesofindia.indiatimes.com/2013-09-08/india/41873447_1_denying-bail-conditional-bail-cwg-case
Saturday, 7 September 2013
Bombay high court questions early release of women jailed for murder
Bombay high court questions early release of women jailed for murder
MUMBAI: Can a person sentenced to life imprisonment for murder face less punishment just because she is a woman? The Bombay high court on Tuesday questioned the gender discrimination in the state government's new prison rules.
"This is a dangerous trend," a division bench of Justice S C Dharmadhikari and Justice Gautam Patel said. "Reservations [for women] can be understood, but showing leniency in punishment on the basis of gender cannot be accepted."
The court asked advocate general Darius Khambata to assist the court on the matter when it hears the case on September 19. The court was hearing a plea for early release from prison by a woman convicted of murdering her husband on the basis of the rules introduced by the government in 2010.
While a woman murder convict sent to prison for life faces minimum imprisonment of between 18 years and 20 years in jail with remissions, men face 20 years to 30 years, depending on the gravity of the crime. Remissions are extra days credited for each day spent in jail.
"Prima facie, we do not see any positive discrimination [in the rules to benefit female convicts] which either improves the dignity or status of women in society," the judges said.
The court pointed out that they had observed many reports in newspapers about women committing serious crimes, including being involved in sexual assault cases. "While the new rules introduce stringent punishment for crimes against women, in the same breath someone who has wronged another woman can get off lightly because of her gender," the judges said.
The court questioned the state on the justification for such a classification on the basis of gender.
"A case-to-case-basis decision on the prison term can be taken by going into the circumstances, but a classification solely on the basis of gender is a dangerous trend," the court said. "The rules do not meet the purpose that they will not be encouraged to commit crimes. Instead, it gives a licence to women that because of their DNA they can get off easily even if they commit a serious crime."
In 2010, the state government had introduced changes to the guidelines for premature release of prisoners under the 14-year rule. According to law, a punishment of life imprisonment awarded to an accused means jail till death. Yet, depending on the severity of the crime, the rules allow a person to be released early from prison once he completes 14 years of actual imprisonment.
The new rules created a new category for women convicts. Those who had committed murder were eligible for release from jail once they had served 18 years, including remissions. If the murder was premeditated, they could be released after 20 years with remissions. http://timesofindia.indiatimes.com/city/mumbai/Bombay-high-court-questions-early-release-of-women-jailed-for-murder/articleshow/22304543.cms
MUMBAI: Can a person sentenced to life imprisonment for murder face less punishment just because she is a woman? The Bombay high court on Tuesday questioned the gender discrimination in the state government's new prison rules.
"This is a dangerous trend," a division bench of Justice S C Dharmadhikari and Justice Gautam Patel said. "Reservations [for women] can be understood, but showing leniency in punishment on the basis of gender cannot be accepted."
The court asked advocate general Darius Khambata to assist the court on the matter when it hears the case on September 19. The court was hearing a plea for early release from prison by a woman convicted of murdering her husband on the basis of the rules introduced by the government in 2010.
While a woman murder convict sent to prison for life faces minimum imprisonment of between 18 years and 20 years in jail with remissions, men face 20 years to 30 years, depending on the gravity of the crime. Remissions are extra days credited for each day spent in jail.
"Prima facie, we do not see any positive discrimination [in the rules to benefit female convicts] which either improves the dignity or status of women in society," the judges said.
The court pointed out that they had observed many reports in newspapers about women committing serious crimes, including being involved in sexual assault cases. "While the new rules introduce stringent punishment for crimes against women, in the same breath someone who has wronged another woman can get off lightly because of her gender," the judges said.
The court questioned the state on the justification for such a classification on the basis of gender.
"A case-to-case-basis decision on the prison term can be taken by going into the circumstances, but a classification solely on the basis of gender is a dangerous trend," the court said. "The rules do not meet the purpose that they will not be encouraged to commit crimes. Instead, it gives a licence to women that because of their DNA they can get off easily even if they commit a serious crime."
In 2010, the state government had introduced changes to the guidelines for premature release of prisoners under the 14-year rule. According to law, a punishment of life imprisonment awarded to an accused means jail till death. Yet, depending on the severity of the crime, the rules allow a person to be released early from prison once he completes 14 years of actual imprisonment.
The new rules created a new category for women convicts. Those who had committed murder were eligible for release from jail once they had served 18 years, including remissions. If the murder was premeditated, they could be released after 20 years with remissions. http://timesofindia.indiatimes.com/city/mumbai/Bombay-high-court-questions-early-release-of-women-jailed-for-murder/articleshow/22304543.cms
Friday, 6 September 2013
Wednesday, 4 September 2013
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
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
Plea against 'cruel' father dismissed
MUMBAI:
A court last week dismissed a petition filed by a mother seeking
temporary injunction, restraining the father from seeing their two
daughters on the grounds of cruelty.
Observing that children must spend time with both parents, the court said, "Access of the children is not for the pleasure of the parents, it is for the welfare of the children. It appears the parents are trying to make capital of past incidents that took place between them, to fight on the point of access and custody of the children but that should not happen in the larger interest of the children."
The mother said in her petition that the father had treated both daughters badly. She said that on a trip to Murud-Janjira, the father had told the elder daughter to hold three cans of beer.
She said that in June 2011 the couple quarreled and he threw the daughter's brand new cellphone into the dustbin. The mother said he had verbally abused the child. She said the daughters were staying with her since last November, and the father would harass them at school.
But the father said there was no evidence to establish those incidents.
He said both were tutored and their minds were poisoned by their mother. He said being the non-custodial parent he was concerned about their welfare and must get to meet them.
The court took into consideration a report by a counselor appointed when the father had filed a plea seeking permission to spend time with the younger daughter on her birthday. "On perusal of the counselor's report, it is revealed the children were under great influence of their mother as they are with her since separation of the parties," the court said. http://timesofindia.indiatimes.com/city/mumbai/Plea-against-cruel-father-dismissed/articleshow/22273310.cms
Observing that children must spend time with both parents, the court said, "Access of the children is not for the pleasure of the parents, it is for the welfare of the children. It appears the parents are trying to make capital of past incidents that took place between them, to fight on the point of access and custody of the children but that should not happen in the larger interest of the children."
The mother said in her petition that the father had treated both daughters badly. She said that on a trip to Murud-Janjira, the father had told the elder daughter to hold three cans of beer.
She said that in June 2011 the couple quarreled and he threw the daughter's brand new cellphone into the dustbin. The mother said he had verbally abused the child. She said the daughters were staying with her since last November, and the father would harass them at school.
But the father said there was no evidence to establish those incidents.
He said both were tutored and their minds were poisoned by their mother. He said being the non-custodial parent he was concerned about their welfare and must get to meet them.
The court took into consideration a report by a counselor appointed when the father had filed a plea seeking permission to spend time with the younger daughter on her birthday. "On perusal of the counselor's report, it is revealed the children were under great influence of their mother as they are with her since separation of the parties," the court said. http://timesofindia.indiatimes.com/city/mumbai/Plea-against-cruel-father-dismissed/articleshow/22273310.cms
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