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Saturday, 25 May 2013

बालिग की सहमति से सेक्स पर रेप केस नहीं, बशर्ते...: सुप्रीम कोर्ट

बालिग की सहमति से सेक्स पर रेप केस नहीं, बशर्ते...: सुप्रीम कोर्ट

नई दिल्ली।। सुप्रीम कोर्ट ने कहा है कि बालिग गर्लफ्रेंड की सहमति से यौन संबंध स्थापित करने वाले व्यक्ति पर रेप के आरोप में मुकदमा नहीं चलाया जा सकता, बशर्ते उसकी अपने पार्टनर से शादी करने की मंशा हो।

न्यायमूर्ति बी एस चौहान और न्यायमूर्ति दीपक मिश्रा की खंडपीठ ने कहा कि यदि लड़की प्यार में यौन संबंध स्थापित करती है, लेकिन किन्हीं कारण से उनका विवाह नहीं हो सका तो ऐसा व्यक्ति रेप का आरोपी नहीं हो सकता। न्यायाधीशों ने कहा, 'अदालत को इस तथ्य की पड़ताल करनी चाहिए कि क्या आरोपी ने शुरू में विवाह का झूठा वायदा किया था और क्या यौन संबंध के स्वरूप और परिणाम को पूरी तरह समझते हुए इसकी सहमति दी गई थी।'

सुप्रीम कोर्ट ने कहा, 'ऐसा भी हो सकता है कि पीड़ित आरोपी के प्रति अपने प्रेम और लगाव के कारण सेक्स के लिए तैयार हो गई हो और आरोपी द्वारा गलत तस्वीर पेश करने के कारण ऐसा नहीं हुआ हो। विवाह करने की मंशा रखने के बावजूद आरोपी अगर अपरिहार्य कारणों या परिस्थितियों की वजह से विवाह करने में असमर्थ रहा हो, तो ऐसे मामलों पर अलग दृष्टिकोण अपनाने की आवश्यकता है।'


http://navbharattimes.indiatimes.com/india/national-india/man-cannot-be-prosecuted-for-rape-for-consensual-sex-with-major-woman-sc/articleshow/20155436.cms 

पांच लाख के लिए मिल रही थी धमकी, इतना परेशान हो गया कि खा लिया जहर

पांच लाख के लिए मिल रही थी धमकी, इतना परेशान हो गया कि खा लिया जहर 


उदयपुर। नाई थाना क्षेत्र के छोटा हवाला गांव में गुरुवार को एक ग्रामीण ने जहर खा लिया। वह एक अन्य ग्रामीण की धमकियों से परेशान था, जो उसे दहेज प्रताड़ना के मामले में फंसाने के नाम पर पांच लाख रुपए मांग रहा था।
घटना क्रम के अनुसार छोटा हवाला निवासी चंदन सिंह गमेती (48) ने शाम चार बजे के आसपास जहर खा लिया।
 
 
परिजन उसे नाई के सामुदायिक स्वास्थ्य केंद्र ले गए। हालत बिगड़ने पर डॉक्टर ने एमबी हॉस्पिटल भिजवा दिया। रात साढ़े 11 बजे उसे यहां लाया गया। चिकित्सकों ने उसकी हालत गंभीर बताई है। चंदन सिंह के बयान के आधार पर पुलिस ने गांव के ही शंकर सिंह गमेती के खिलाफ मामला दर्ज किया है।
 
 
यह थी तनाव की जड़
चंदन सिंह के मुताबिक उसके बेटे विक्रम सिंह और बहू के बीच विवाद हो गया था। जाति पंचों के बीच मामला पहुंचा और उनके फैसले से दोनों अलग हो गए। पंचों ने वधू पक्ष को तीन लाख 81 हजार रुपए देना भी तय किया था। गांव वालों की मौजूदगी में यह रकम लड़की वालों को दे दी गई, लेकिन कुछ दिन बाद खुद को मौतबिर बताने वाले शंकर सिंह पुत्र लाल सिंह गमेती ने समझौता करवाने के नाम पर पांच लाख रुपए की मांग शुरू कर दी। रुपए नहीं देने पर वह दहेज प्रताड़ना के मामले में फंसाने की धमकियां दे रहा था।
 

Anyone can record a dying declaration, Supreme Court rules


Anyone can record a dying declaration, Supreme Court rules

NEW DELHI: You need not be a police officer, doctor or a magistrate to record the dying declaration, a statement accusing those responsible for the death of the person making his last possible statement.

The Supreme Court has found this to be true in law, at least in cases where the person dies of burn injuries. "The law on the issue can be summarized to the effect that law does not provide who can record a dying declaration, nor is there any prescribed form, format or procedure for the same," said a bench of Justices B S Chauhan and Dipak Misra while reversing the high court ordered acquittal in a dowry death case.

While indicating that any member of public could record the statement of a dying person, the bench said the only caveat was that the person recording the dying declaration must be sure that the one making the statement was in a proper mental condition to do so.

"The person who records a dying declaration must be satisfied that the maker is in a fair state of mind and is capable of making such a statement," said Justice Chauhan, who authored the judgment on behalf of the bench.

But, how does a lay man understand that a dying man is in a proper frame of mind to make the statement? The court left it to the discretion of the individual recording the statement and said a doctor's certificate about the dying man's mental condition was not necessary to make the dying declaration acceptable as evidence.

"Moreover, the requirement of a certificate provided by a doctor in respect of such state of the deceased, is not essential in every case," the bench said.

In the case at hand, a Damoh trial court had convicted one Dal Singh and his wife for setting ablaze their daughter-in-law, who had been subjected to cruelty in the matrimonial home. However, finding that she had suffered 100% burn injuries, the Madhya Pradesh High Court acquitted the accused doubting the veracity of the woman's dying declaration.

MP's standing counsel Vibha Datta Makhija argued that the HC was not justified in doubting the dying declaration as there were sufficient evidence on record to show that the daughter-in-law was ill-treated by her parents-in-law and were responsible for her death.

"A person having 100% burns can make a statement, and a certificate provided by a doctor is not a condition precedent for placing reliance upon a dying declaration," she said and argued for reversal of the acquittal.
 http://timesofindia.indiatimes.com/india/Anyone-can-record-a-dying-declaration-Supreme-Court-rules/articleshow/20237310.cms 




Denying accused right to summon witness will derail fair trial, says Supreme Court

Denying accused right to summon witness will derail fair trial, says Supreme Court 

The trial court cannot deny an accused the right to summon witnesses he/she has cited for examination at any stage of trial, the Supreme Court has held.
“Fair trial entails the interests of the accused, the victim and of society, and therefore, includes the grant of fair and proper opportunities to the person concerned, and the same must be ensured as this is a constitutional as well as human right, said a Bench of Justices B.S. Chauhan and Ibrahim Kalifulla
Adducing evidence in support of defence was a valuable right. Denial of such right would amount to denial of a fair trial. It was a cardinal rule of the law of evidence that the best available evidence must be brought before the court to prove a fact or a point in issue, the Bench said.
The Cr.PC conferred a very wide discretionary power on the court in this respect. It might summon any person as a witness at any stage of the trial or other proceedings, even suo motu if no application was filed by either of the parties.

Cardinal caution

“However, the court must satisfy itself that it is in fact essential to examine such a witness or recall him for further examination in order to arrive at a just decision of the case. An application [filed by an accused to summon witnesses] under Section 311 Cr.PC must not be allowed only to fill a lacuna in the case of the prosecution, or of defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party. Further, the additional evidence must not be received as a disguise for retrial, or to change the nature of the case against either of the parties,” Justice Chauhan said, writing the judgment.
In the instant case, Natasha Singh was aggrieved over a trial court order rejecting her application, under Section 311 Cr.PC, to summon certain witnesses. It observed that examination of the witnesses sought to be examined by the appellant-accused was in fact unnecessary, and would in no way assist in arriving at a just decision of the case.
The Delhi High Court upheld the trial court order. The Supreme Court, allowing the appeal against this judgment, directed the trial court to examine the witnesses sought to be examined by Natasha. 

प्रेम प्रसंग में बाधा बन रही सास को बहू ने उतारा मौत के घाट

प्रेम प्रसंग में बाधा बन रही सास को बहू ने उतारा मौत के घाट

चंदौली| उत्तर प्रदेश के नक्शल प्रभावित जिले चंदौली के चकिया कोतवाली के ताला गाँव में एक कलयुगी बहु ने अपने प्रेम प्रसंग में बाधा बन रही अपनी सास को अपने पिता व उसके रिश्तेदार के सहयोग से बड़ी ही बेरहमी से मौत के घाट उतार दिया। मृतका की चीख सुनकर आसपास के लोग मृतका के घर की दौड़े। आरोपी दोनों लोग घर में रखे भूसे के ढेर में जा छुपे। रात भर ग्रामीणों ने घर को घेरे रखा और सूचना पर पहुची पुलिस के आने के बाद ही वहां से हटे। पुलिस ने घर में छुपे मृतका के समधी, उसके रिश्तेदार और मृतका के बहु को गिरफ्तार कर लिया और ह्त्या में प्रयुक्त हथियार को भी बरामद कर लिया है । पुलिस का कहना है कि हत्या के पीछे प्रेम प्रसंग प्रमुख कारण है ।

दरअसल मृतका अशर्फी देवी के बड़ी बहु नीतू का प्रेम प्रसंग उसके छोटे बेटे गुड्डू के साथ चल रहा था । मृतका के बड़े बेटे की लगभग चार साल पहले सांप के काटने से मौत हो गयी थी। तब तक छोटे बेटे गुड्डू का गवना नहीं हुआ था। इसी दौरान दोनों एक दुसरे के प्रेम में बध गए। छोटे बेटे गुड्डू की रावर्त्सगंज में शादी हो गयी । गुड्डू की पत्नी को उसकी जेठानी और अपने पति का मेल जोल अच्छा नहीं लगता था । दोनों के प्रेम प्रसंग से तंग आ कर गुड्डू की पत्नी मायके चली गयी और रावर्त्सगंज थाने में दहेज़ उत्पीडन का मुकदमा दर्ज करा दिया। जिसमे पुरे परिवार को जेल जाना पड़ा और ज़मानत पर रिहा हुए| इतना सब कुछ होने के बाद भी दोनों का प्रेम प्रसंग जारी रहा। इसी बीच मृतका की बड़ी बहु नीतू ने अपनी सास को रास्ते से हटाने की योजना अपने पिता के साथ मिलकर बना डाली। प्लान तैयार किया गया की आधी रात में अशर्फी देवी की ह्त्या कर दी जायेगी और इल्जाम अपने मायके में रह रही छोटी बहु पर लगा दिया जाएगा। पर दुर्भाग्य येसा नहीं हो सका । आधी रात में अपने घर के बाहर सोयी अशर्फी देवी को बहु ने पहले घर के अन्दर बुलाया और पहले से ही घर में मौजूद बड़ी बहु नीतू के पिता और उसके पिता के रिश्तेदार ने घर में ही रखे मूसल और कुल्हाड़ी से वार कर अशर्फी देवी की हत्या कर दी।

इस दौरान अशर्फी देवी अपने पर हमला हुआ देख चीखने लगी। उसकी चीख जब पड़ोसियों ने सुनी तो तुरंत उसकी घर की ओर भागे। अपने को घिरता देख मृतका के समधी व उसका रिश्तेदार घर के ऊपर के कमरे में रखे भूसे के ढेर में जा छुपे। आक्रोशित ग्रामीण रात भर घर को घेरे रहे। ग्रामीणों की सूचना पर पहुची पुलिस ने भूसे के ढेर में छुपे मृतका के समधी, उसके रिश्तेदार व बड़ी बहु नीतू को गिरफ्तार कर लिया है।


http://hindi.pardaphash.com/news/--731371/731371.html

India Inc trying to get proactive in handling sexual harassment cases

India Inc trying to get proactive in handling sexual harassment cases

MUMBAI/BANGALORE/NEW DELHI: For 100,000 employees in the group, ICICI gets 60-odd sexual harassment complaints in a year. Of this, 30-40% are found to be true. India's second-largest bank by assets does not insist on absolute proof when it comes to allegations of sexual harassment. In case of circumstantial evidence, the person is asked to resign. If there is stronger proof, the person is sacked.

ICICI is among a few companies that are pre-emptive in dealing with a problem that is real and exists across corporate India. Most Indian companies have an ostrich-like approach to the problem and would rather not talk about the problem.

Even those that are relatively proactive, admit instances of sexual harassment and office relationships are a minefield of sorts, especially those of the boss-subordinate variety as in the Phaneesh Murthy case.

"A boss-reportee relationship is taboo and a relationship between peers is fine as long as it does not impact office work. Extra-marital relationships on the other hand are not kosher anywhere in the world," says TV Mohandas Pai, chairman of Manipal Global Education and a former board member of InfosysBSE -0.51 %. "There should be zero tolerance for undue advantage taken in a boss-reportee relationship or sexual harassment of any kind," he says.

"When you are in an organisation where you are responsible for people, it is a custodial position. Consequently, senior leadership has to see their jobs as custodians," says K Ramkumar, executive director, ICICI BankBSE 2.60 %. "It's a breach of trust when there is a case like this (referring to all such cases), not just to the people, but to the institution you are working for."

http://economictimes.indiatimes.com/news/news-by-company/corporate-trends/india-inc-trying-to-get-proactive-in-handling-sexual-harassment-cases/articleshow/20183513.cms

Man sets son-in-law on fire

Man sets son-in-law on fire

FATEHABAD: A man killed his son-in-law by setting him on fire in Bhattu Kalan of Fatehabad district on Tuesday night. While the victim Sunil Kumar, 26, died on the spot, his father and brother, who were also attacked, have been hospitalized. Police officers said that there was a dispute between Jagdish Kumar, the accused, and Sunil Kumar over the latter not treating his wife properly. The victim was a labourer by profession and a resident of Bhattu Kalan.

According to the police complaint, victim's father Mahender Singh said, "My son got married on April 9, 2011, and just after the marriage, the couple had problems in their relationship. The girl returned to her house and her father Jagdish Kumar reached our house with two men. They began to argue with my son, poured oil on him and set him on fire." When contacted, DSP city Naripjit Singh said that a case has been registered under Section 302 (murder) of IPC, and teams have been constituted to nab the accused. 
 http://timesofindia.indiatimes.com/city/chandigarh/Man-sets-son-in-law-on-fire/articleshow/19827897.cms 

NCPCR hauls up Haryana in school sex abuse case


NCPCR hauls up Haryana in school sex abuse case

 GURGAON:The National Commission for Protection of Child Rights ( NCPCR) has issued notices to the Haryana Police and the state education department after two women employees of a prominent Gurgaon school were arrested for sexually abusing a Class III student for past one year.

Setting a timeframe of seven days to file replies, letters were issued to Haryana director general of police and director-cum-special secretary of directorate of secondary education on May 23. The commission has recommended the police to book the accused under relevant sections of the Protection of (II) Children from Sexual Offences (POCSO) Act 2012. The DGP has been asked to ensure that the minor girl gets medical care, treatment and counselling. It has also been recommended that the girl and her family get assistance from Child Welfare Committee (CWC) for care, protection and rehabilitation.

The police have been asked to provide adequate security and protection to the victim and family members and ensure that she is not intimated by the accused directly or indirectly. Moreover, police have been asked to see that victim gets legal aid as well as compensation under the victim compensation scheme through District Legal Aid Service Authority. The chief of directorate of secondary education has been asked to provide the details of actions taken in the matter against the principal and teachers of the school. Besides that it has also been asked to provide the measures taken so far to stop such incidents of abuse from happening in the future in schools. The education department would have to provide details on directives issued to schools in this regard as well as on surveillance system put in place in schools. 
 http://timesofindia.indiatimes.com/india/NCPCR-hauls-up-Haryana-in-school-sex-abuse-case/articleshow/20256046.cms 
 

Backtrack on mutual divorce, face contempt proceedings: HC

Backtrack on mutual divorce, face contempt proceedings: HC

NEW DELHI: Couples who mutually consent in court to get a divorce but later have second thoughts can be hauled up for contempt of court, the Delhi high court has ruled.
Justice G S Sitani recently held one Gaurav guilty of contempt of court because he backtracked from his assurance given in court that he agreed to a compromise with his wife. It was on this assurance that the wife withdrew criminal proceedings against Gaurav, only to learn that her husband now wanted restitution of the marriage instead of divorce.

HC took a strong view of this somersault by Gaurav and said it seemed to be a ploy to get bail and quash the case lodged against him. Convicting Gaurav of contempt, the judge had even given the date for announcing punishment in February this year but discharged Gaurav after he agreed to abide by the divorce settlement and apologized profusely for his retraction.
The couple got married in 2006 but within a year the wife lodged a case of dowry harassment against Gaurav and his parents in the local police station. This led the accused to seek anticipatory bail from HC. Even as the bail plea was pending, the couple reached a settlement which was recorded by the court in its order in 2007. According to the settlement, the husband agreed to pay Rs 8 lakh towards full and final satisfaction of her claims and also agreed to divorce by mutual consent in response of which the wife agreed to withdraw the criminal case against her husband and in-laws.
However, soon after securing bail, Gaurav petitioned the court saying his matrimonial dispute be shifted to the mediation and conciliation centre and baulked from his earlier pledge that he will ensure a smooth mutual divorce.
This is what led the wife to seek contempt of court proceedings in HC.

http://articles.timesofindia.indiatimes.com/2011-03-03/delhi/28650110_1_mutual-divorce-gaurav-face-contempt-proceedings 

Friday, 24 May 2013

Man beaten to death by wife, 3 in-laws

Man beaten to death by wife, 3 in-laws

TARN TARAN: A man was tied to an electric pole and beaten to death allegedly by his wife and three in-laws after a tiff in Muradpura area here.

Balkar Singh got married to Rajwinder Kaur around 18 years ago and a few months back they had a tiff leading to which Kaur came to her parent's house, police said.

Yesterday, Singh went to his in-laws house in an inebriated condition and started hurling abuses on them, said Harvinder Singh Sandhu, superintendent of police.

In a fit of rage, Singh's wife, her sister and their two brothers allegedly tied him with an electric pole and thrashed him severely, the SP said.

Singh died in a hospital later. A case against the four persons has been registered, the officer said, adding that they are absconding 
 http://timesofindia.indiatimes.com/city/ludhiana/Man-beaten-to-death-by-wife-3-in-laws/articleshow/20250372.cms 

HC blames rising prices for divorces

HC blames rising prices for divorces

New Delhi: "The city of Delhi is a costly place to live in. Family budgeting, especially when a child is born, is becoming a herculean task even for the financially well- off and even they come under financial stress and the same burdens cause stress on the matrimonial bond," the bench observed.

The remarks came as the court granted divorce to a man seeking dissolution of his marriage on the ground that his wife had filed several false complaints against him and his family members.

Rejecting the woman's plea challenging the trial court's order that ruled in favour of her husband, a bench of justices Pradeep Nandrajog and V. Kameswar Rao concurred with the findings of the family court.

We have no hesitation in holding that by filing numerous false complaints against Deepak (name changed) and his family members with the police and his office, she has caused mental cruelty to the husband," the bench said.

On December 14 last year, the family court had allowed the man's petition seeking dissolution of the marriage. Dismissing the wife’s contention that her husband had harassed her for dowry, the court said it had sufficient proof that the marriage did not involve any dowry.


http://in.news.yahoo.com/hc-blames-rising-prices--for-divorces-103807096.html

Wednesday, 22 May 2013

गुड़गांव: महिला कर्मचारियों ने किया बच्‍ची का यौन शोषण

गुड़गांव: महिला कर्मचारियों ने किया बच्‍ची का यौन शोषण

गुड़गांव के एक नामी स्कूल में पढ़ने वाली 8 साल की मासूम बच्ची के साथ यौन शोषण का मामला सामने आया है. आरोप स्कूल की ही दो महिला कर्मचारियों पर है.
यह महिलाएं बच्ची के साथ अश्लील हरकतें किया करती थीं, शारीरिक शोषण का यह सिलसिला पिछले एक साल से चल रहा था. हाल ही में जब पीड़ित छात्रा के परिवारवालों ने जब बच्ची के व्यवहार में बदलाव महसूस किया तो उन्होंने इसकी छानबीन की. छानबीन में जो कड़वा सच सामने आया उसे जान पीड़ित छात्रा के माता-पिता हैरान रह गए.
परिवार का आरोप है कि स्कूल प्रसाशन ने शिकायत के बाद भी आरोपी महिला कर्मचारियों के खिलाफ कोई कार्यवाही नहीं की, जिसके बाद पुलिस को शिकायत की गई. मेडिकल में बच्ची के साथ सेक्शुअल हरासमेंट की पुष्टि हो गई है. पुलिस ने दोनों महिला कर्मचारियों के खिलाफ मामला दर्ज कर उन्हें गिरफ्तार कर लिया.
अन्य अपडेट लगातार हासिल करने के लिए हमें फेसबुक पर ज्वॉइन करें. आप दिल्ली आजतक को भी फॉलो कर सकते हैं.

Senior Delhi cop's son-in-law arrested for demanding dowry

New Delhi, March 25: A Delhi court Monday sent the son-in-law of a joint commissioner of Delhi Police to one day police custody, after his wife filed an FIR against him for demanding dowry. Duty Metropolitan Magistrate Preety Parewa sent Arun Singh, the son-in-law of Joint Commissioner (Security) D.P. Verma to police custody after he was arrested late Monday night. The court granted police custody of Singh as sought by police to recover jewelry of the woman from her husband's home. Singh, meanwhile, moved bail application before the court which would come up for hearing Tuesday. Filing the FIR at Hauz Khas police station, Singh's wife Nimisha alleged that she was harassed by her husband and in-laws for dowry. She said that they got married in June 2012, and it was love marriage. At the time of marriage there was no demand of dowry but they later started demanding dowry from her, she said. Singh, who works with a MNC in Gurgaon, however, alleged that Nimisha wanted to become a film actress to which he did not agree and thus she filed a false case against him. He further alleged that his wife went through a breast implant, without informing him.

Read more at: http://news.oneindia.in/2013/03/25/senior-delhi-cops-son-in-law-arrested-for-demanding-dowry-1180096.html


70% employed seniors forced to work

70% employed seniors forced to work

BANGALORE: Is India no country for old people? A survey has shown that the aged in the country continue to work hard. Worse, 70% of the working seniors say they do so out of compulsion, not by choice. The survey conducted by the Population Research Centre, Institute for Social and Economic Change (ISEC), Bangalore, has revealed that 42% of the male elderly continue to work even after crossing 60. And if one thought 60 plus was the higher age group, digest this. A good 13% of the male population aged above 80 also meaningfully employ themselves.

The shocker in the survey, conducted in the seven states of Kerala, Tamil Nadu, Odisha, Maharashtra, Punjab, Himachal Pradesh and West Bengal, is that 70% of the employed elderly are forced to work. With most of them in India still dependent on their children and choosing to stay with them, experts say it is the younger generation which forces the elderly to earn a livelihood and take care of their own expenses.

A good 49% of the seniors in India depend on their sons while 15% are dependent on their spouses. What is heartening is that a good 25% of them are not dependent on anyone to take care of their needs. "It is unfortunate that the elders are made to work even after they attain a certain age. The survey proves that households with elders are better off largely because of the money contributed by seniors," said K S James, head of the Population Research Centre.

10k is sample size

The seven states across the length and breadth of the country were chosen based on the sizeable population of the elderly there. While 8,792 households in the seven states put together were covered in the survey, 8,329 households were interviewed for the study. In all, a good 10,604 individuals were interviewed for this survey. The survey was done by ISEC in collaboration with the Institute of Economic Growth and the Tata Institute of Social Science. New Delhi based UNFPA was the supporting institute for the survey.

Karnataka not included

In Karnataka, the birth rate is low and the mortality rate has not declined which is why the density of elderly is not as high as in the chosen seven states. The demographic structure of Karnataka is such that it does not hold a significant number of elderly citizens. Karnataka, with a large number of young migrants, was therefore not a part of the survey.

QUOTE

Cost of living to blame

It is sad that the elderly continue to work as they need to contribute significantly to the family income. It appears they are forced to work rather than do it largely by choice. It is a trend slowly emerging as joint families are disappearing. Given the standard of living now, the elders too continue to work till they can to contribute to the family income, both in rural and urban areas

R S Deshpande, director, ISEC


WORKING INTO THE SUNSET

42% of the male elderly continue to work even after crossing 60

49% of the seniors in India depend on their sons

15% are dependent on their spouses

13% of men above 80 continue to work

(Source: ISEC)

Key observations

*Illiteracy, poor health and social backwardness are inter-related when it comes to the elderly. That clearly results in welfare loss of the elderly and makes them rather vulnerable to being neglected.

*There is a necessity for inter-generational solidarity - the dependence on the next generation must grow, only then will society be able to give the elderly their due respect.
 http://timesofindia.indiatimes.com/city/bangalore/70-employed-seniors-forced-to-work/articleshow/20188875.cms 

'Fake' rape cases reported as love turns sour

'Fake' rape cases reported as love turns sour


RANCHI: Many rape cases lodged in the district are often found fake after investigations, says a report by Ranchi police.
Police, during investigation, have found that a number of cases of "consensual sex" have been labelled as rape. It has been seen in many instances that the accused and the victim had an affair which later had turned intimate. The girl would later bring charges of rape against the boy after they break up. Lawyers say such cases turn weak and the accused are awarded lesser punishment.

A total of 35 cases of rape have been reported in the district in the last four months. In 18 cases, police have completed investigation and submitted chargesheet saying the victim had a relationship with the accused.

Ranchi SSP Saket Kumar Singh said, "A large number of rape cases are of this nature." Though initially, a case is lodged under Section 376 (rape), investigation reveals an altogether different story, said another police officer.

On January 4, 2013, Nitu Singh (name changed) had lodged an FIR with Tatisilwai police station claiming that a boy named Siril Tirki of the same police station area had raped her. The boy was arrested after the FIR. But during investigation, it was found that the victim was having an affair with the accused.

Similarly, Seema Kumari (name changed) had lodged an FIR with Nagri police station on March 11 where the woman claimed that Bandhan Oroan had raped her. The police soon arrested the accused. But during investigation, they found that the duo had physical relationship with mutual consent but the man later refused to marry her. In a total of 18 cases the police have submitted the charge sheet with a remark that the victim and the accused were into a relationship.

Senior lawyer Nitin Kumar Pasari said several such cases have been found where an accused had got intimate with a girl promising to marry her persistently tells her that he cannot live without her but ultimately refuses to marry her. It shows that he never intended to marry her and as such the punishment under Section 417 (cheating) of the IPC is justified. The punishment in this case is imprisonment for one year or fine or both.

In the case of rape (IPC 376), the law says the accused shall be punished with imprisonment term of seven to 10 years, which may extend to life imprisonment. The accused shall also be liable to fine.

Rajiv Kumar, senior lawyer says that in some cases the court charges the accused under 376 but such remarks in the case diary always weaken the case.

http://timesofindia.indiatimes.com/city/ranchi/Fake-rape-cases-reported-as-love-turns-sour/articleshow/20114700.cms

Curb adjournments, speed up trials, SC tells trial courts

Curb adjournments, speed up trials, SC tells trial courts

NEW DELHI: At a time when people are getting impatient with judicial delays, the Supreme Court has stepped in to curb the tendency of trial courts to liberally grant adjournments at the instance of lawyers. It said that trial courts were flouting "with impunity" the Criminal Procedure Code mandate for conducting proceedings on a day-to-day basis after witness examination starts and were easily granting adjournments.

A bench of Justices K S Radhakrishnan and Dipak Misra expressed "anguish, agony and concern" over the adjournments granted by a Punjab trial court in a bride burning case which stretched the process of examination of witnesses to more than two years.

"On perusal of dates of examination-in-chief and cross-examination, it neither requires Solomon's wisdom nor Argus eyes (mythological giant with 100 eyes) scrutiny to observe that the trial was conducted in an absolute piecemeal manner as if the entire trial was required to be held at the mercy of the counsel," Justice Misra, who authored the judgment, said.

Referring to Section 309 of the CrPC, the bench said once a case reached the stage of examination of witnesses, the law mandated that it "shall be continued from day-to-day until all witnesses in attendance have been examined". The section provides that if for some unavoidable reason the court was to grant adjournment, it must record its reasons in writing.

"It is apt to note here that this court expressed its distress that it has become a common practice and regular occurrence that the trial courts flout the legislative command with impunity," the bench said.



The SC judges said the criminal justice dispensation system cast a heavy burden on the trial judge to have full control over the proceedings. "The criminal justice system has to be placed on proper pedestal and it cannot be left to the whims and fancies of the parties or their counsel," they said.

"A trial judge cannot be a mute spectator to the trial being controlled by the parties, for it is his primary duty to monitor the trial and such monitoring has to be in consonance with the Code of Criminal Procedure," the bench said.

The Supreme Court wanted trial judges to keep in mind the mandate of CrPC and not get guided by their thinking "or should not become mute spectators when a trial is being conducted by allowing the control to the counsel for parties".

"They have their roles to perform. They are required to monitor. They cannot abandon their responsibility. It should be borne in mind that the whole dispensation of criminal justice system at the ground level rests on how a trial is conducted. It needs no special emphasis to state that dispensation of criminal justice system is not only a concern of the bench but has to be the concern of the bar," it said.

On the case of bride burning and ill-treatment meted out to daughters-in-law, the apex court said, "A daughter-in-law is to be treated as a member of the family with warmth and affection and not as a stranger with despicable and ignoble indifference. She should not be treated as a housemaid. No impression should be given that she can be thrown out of her matrimonial home at any time."


Times View

Given the enormous backlog of cases in Indian courts, particularly at the lower levels, any measure that helps speed up processes is welcome. Getting rid of needless adjournments is certainly an important step and the Supreme Court must be thanked for stepping in to curb them. We hope that the implementation of this directive will be rigorous.
 http://timesofindia.indiatimes.com/india/Curb-adjournments-speed-up-trials-SC-tells-trial-courts/articleshow/20056726.cms?intenttarget=no 

Snubbed by family & cops, elderly want a room of their own

Snubbed by family & cops, elderly want a room of their own

NEW DELHI: Lakshmi Devi, a senior citizen, had exhausted almost all her options. The 69-year-old had been dispossessed of her property and a complaint to the cops drew a blank. As a last resort, she approached an NGO on Monday to lodge a complaint against her daughter, who used to misbehave with her and had turned her out of the house. Cops, who visited her house earlier, had asked her to resolve the matter or spend some time at an old-age home.

Lakshmi Devi's plight is shared by hundreds of Delhi's senior citizens, who are given short shrift by cops, the authorities and even their own children. The recent case of an elderly couple from Gujarat seeking the collector's permission to commit suicide on being abused by their son and daughter-in-law and a litany of similar complaints, have prompted the city-based Agewell Foundation to write to the Prime Minister, demanding provisions for securing the rights of elderly people.

Himanshu Rath, founder of Agewell, says the Maintenance and Welfare of Parents and Senior Citizens Act is not enough to ensure the safety and well-being of the elderly. He has put together 11 provisions that can help the elderly assert their rights.

"The existing act doesn't square with the reality. For instance, the act stipulates the responsibility of children and relatives towards the elderly, but what about those who don't have children or family? In our culture, those with daughters are hesitant to go and live with the girl's family. They have nobody to lean on," says Rath.

The act also aims at setting up district tribunals to hear the appeals of senior citizens, but this has not been implemented properly.

Rath finds Latika Sarkar's example very instructive. Sarkar, who died in February, waged a lengthy legal battle to reclaim her Hauz Khas property, worth Rs 10 crore, appropriated by her onetime maid and an IPS officer who claimed to be very close to her. Sarkar, who was the first Indian woman to go to Cambridge and headed the law department in DU, was shorn of her property and could win it back only in 2009, when she was 87.

"She went through hardship despite being an expert in law and backed by prominent lawyers. Imagine the plight of ordinary citizens who might not have the wherewithal to pursue the matter or the support of the media. The government should create a system accessible to them," adds Rath.

Agewell Foundation's petition to the PM includes schemes like setting up a national fund for the aged, a self-employment scheme as well as a national-level commission for the elderly on the lines of the National Human Rights Commission.

The helplines run by the foundation are having to field many more distress calls. Around 10,000 senior citizens call every day on the foundation's helpline, which operates in 610 districts across the country. 
  http://timesofindia.indiatimes.com/city/delhi/Snubbed-by-family-cops-elderly-want-a-room-of-their-own/articleshow_b2/20142692.cms 

Undertrial commits suicide in Kurukshetra jail

Undertrial commits suicide in Kurukshetra jail

KURUKSHETRA: Hundreds of angry residents blocked the Kurukshetra-Yamunanagar highway after an undertrial committed suicide by hanging himself at a meditation centre of Kurukshetra jail on Tuesday morning.

Demanding action against the cops, they alleged that police had arrested Rajesh, 22, who committed suicide, without verifying the facts. The deceased, a resident of Sonti village of Ladwa block of Kurukshetra, was facing trial in a dowry death case of his wife. His father is also lodged in the same jail but his mother is in Ambala jail on the same charge.

Rajesh's wife had died months back and a case of dowry harassment was lodged against him and his parents. The deceased has left behind a suicide note, but the jail authorities and district police did not reveal its contents. While jail superintendent S K Chauhan said he was not aware of the content of the note, SHO, city police station, Malkeet Singh said, "A magistrate is looking into the matter and the suicide note is in her custody. So we cannot say anything about it."
 http://timesofindia.indiatimes.com/city/chandigarh/Undertrial-commits-suicide-in-Kurukshetra-jail/articleshow/20191408.cms 

Tuesday, 21 May 2013

Two women arrested for molesting six-year-old

Two women arrested for molesting six-year-old

GURGAON: Two women employees of a private school here were arrested for sexually molesting a six-year-old Class 3 student for the last few months, police said Tuesday.

The women - Daana, 37, and Sajida, 28 - were arrested for playing with private parts of the girl in the washroom.

"The girl told her mother about the latest instance. We have arrested the duo on the complaint of victim's father," said Sector 55-56 station house officer Pradeep Singh.

"They had been doing this for the last six months. They used to take the girl in the washroom of the school and molest her. They had repeated this 8-10 times," he said.

The two women were booked under sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012, and were Tuesday brought before a court, which sent them to judicial custody.

The accused women hail from West Bengal and were living here near Ghata village. They had been working in the school for the past one and half years.
 http://timesofindia.indiatimes.com/city/gurgaon/Two-women-arrested-for-molesting-six-year-old/articleshow/20175293.cms 


Bride files dowry FIR on wedding day

Bride files dowry FIR on wedding day

AHMEDABAD: The scene was straight out of films for many invitees at Premilaben Patel's residence in Vinzol on Monday morning. With just a few hours left for her daughter's marriage, the bridegroom's side demanded Rs 5 lakh. Unable to get the amount at such a short notice, Patel pleaded to see the nuptials through. However, the marriage procession never came to Ahmedabad, leaving the family in distress.

Ankita Patel, 23, the bride, took the initiative and approached the Vatva GIDC police station in her bride's attire and filed a complaint against the family from Himmatnagar for demanding dowry and causing mental harassment. She has mentioned in her complaint that the family of Paresh Patel, the bridegroom, had already got Rs 3 lakh in the past two years on various pretexts.

According to Vatva GIDC police, Ankita had got engaged to Paresh Patel, a resident of Himmantnagar, two years back. Ankita's mother Premilaben raised three daughters after the demise of her husband and made two ends meet by letting out half the residence and working as a tailor. Ankita, the eldest daughter got her bachelors degree after which she gave consent to marriage.

Police say Ankita's family alleges that they conceded all demands of Paresh's family in the past two years, including seeking money to build a house and for family functions. Despite limited resources, they spent considerably and prepared for a marriage party consisting of more than 500 people.

"Premilaben got the shock of her life when Paresh's mother called at 8 am and told her that she expected at least Rs 5 lakh to be given at the wedding time," said a police official.

Fed up with the drama, Ankita asked the relatives not to bend anymore to the boy's family and approached police for the mental harassment and demand of dowry. GV Gohil, inspector of Vatva police station, said that they have asked the family members of Paresh Patel to record their statements in the case.
  http://timesofindia.indiatimes.com/city/ahmedabad/Bride-files-dowry-FIR-on-wedding-day/articleshow/20163211.cms