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 

Court sentences 7 year imprisonment to woman for buying minor

A woman has been sent to jail for seven years by a Delhi court for buying two minor girls for prostitution and abetting their rapes.
Additional Sessions Judge T R Naval sentenced 30-year-old Pooja to seven years rigorous imprisonment for the crime, saying it has been proved that she purchased the minors for the purpose of prostitution, wrongfully confined them and also abetted other persons to forcefully have sexual intercourse with the girls.
"This court has come to the conclusion that entire evidence has proved that accused Pooja committed offence of buying minors for the purpose of prostitution, offence of wrongfully concealing and confining prosecutrix No. 1 and 2 (victims) and other girls after kidnapping them with the purpose to use them for the purpose of prostitution.

Court sentences 7 year imprisonment to woman for buying minor

"Therefore, it is bounden duty of this court to hold accused no.3 (Pooja) guilty and convict her," the court said.
The judge said it has been proved that she used to present the girls to many customers, who used to pay her for the purpose of physical relations.
It imposed a fine of Rs 20,000 on Pooja and said that Rs 5,000 each be given to the two victim and that they will also be entitled for other compensation as per law.
Out of the two accused, Meena was declared a proclaimed offender and the court said the evidence placed on record will be read against her. Another accused Mohd Saleem was earlier convicted by the court after he had confessed his guilt.
According to the prosecution, the police conducted a raid at a house in Laxmi Nagar and at a brothel in G B Road in April 2004 and two girls were rescued. The girls told the police that they were kidnapped by the accused persons after being given a sedatives-laced drink.

http://ibnlive.in.com/news/court-sentences-7-year-imprisonment-to-woman-for-buying-minor/417385-3-244.html

Consensual sex with minor not a crime, Delhi court says

NEW DELHI: A city court has observed that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed.

Rejecting the plea of the police and Delhi Commission for Women that POCSO Act prohibits minors from having any kind sexual relationship, additional sessions judge Dharmesh Sharma said, "I am afraid if that interpretation is allowed, it would mean that the human body of every individual under 18 years is the property of the state and no individual below 18 years can be allowed to have pleasures associated with one's body."

ASJ Sharma, however, urged state authorities to spread awareness related to unsafe sex or early marriage. "But there lies a greater responsibility on all of us, the state including police in spreading and creating public awareness about the impact of girl or boy marrying at a tender age or indulging in unsafe sexual activities," he said.

The court made these observations while acquitting a 22-year-old youth of charges of kidnapping and raping a 15-year-old girl whom he later married. The youth, a native of West Bengal, was acquitted of the charges as the court held that the minor, on her own will, accompanied him and obstacles should not be put in their happy married life.

"As the evidence indicates, they got married voluntarily with their free consent. Hence no case is made out under section 363 (kidnapping) and 366 (kidnapping or inducing woman to compel her marriage) of the IPC," the court said.

"In my opinion, it would neither serve the object of present enactment (POCSO Act) nor the purpose of criminal laws to hold the accused guilty on the ground that he had sexual intercourse with the girl below 18 years," the judge said, adding that it would not be good for the girl if her husband was sent to jail. The POCSO Act treats girls and boys below 18 years of age as minors.

"It is high time that state authorities, its machinery, NGOs and women groups made a determined and sustained endeavour to reach out to all in schools, colleges and residential places, thereby creating public awareness on various aspects of life in case of marriage at a tender age... besides creating awareness amongst adolescents and young adults about the serious psychological and physical health issues that such a relation entails," the court observed.

According to the prosecution, a complaint was filed before the police on March 5 by the minor girl's mother about her daughter going missing since February 26.

The accused was arrested on March 6 and the girl was also recovered from his custody, it said. The girl, in her statement recorded before a magistrate, said she had willingly gone with the accused to his native place in Kolkata and they got married in a temple there and since then they have been living together.

During the trial, the youth told the court that the girl had accompanied him to Kolkata on her own and they got married there but he denied having physical relations with her. The court also noted that the marriage was accepted by the girl's mother. http://timesofindia.indiatimes.com/city/delhi/Consensual-sex-with-minor-not-a-crime-Delhi-court-says/articleshow/22056783.cms