May 18, 2013: Teen's rapist gets death penalty

TNN | May 18, 2013, 03.26 AM IST

BHOPAL: A trial court here on Friday sentenced to death a 45-year-old motor mechanic, Mustafa, who was found guilty of raping and throttling to death a minor on the intervening night of September 28 and 29, 2012.

The prosecution case was that Mustafa, with whom the 16-year-old girl had close family acquaintance, took her in a car, raped and murdered her. He later dumped her body at Budhni ghat about 45km from Bhopal.

A search was launched by police after the girl's family had filed a missing complaint.

On September 29, Budhni police found the body and buried it as an 'unidentified' one. Later, when Bhopal got leads during interrogation of Mustafa, they exhumed the body and brought it to Bhopal.

Mustafa and his alleged accomplice Aziz were charged with rape, murder and destroying evidence.

After hearing the case, court of additional session judge Saeeda Bano Rahman held Mustafa guilty on all the charges and awarded death penalty for him. However, Aziz was acquitted for lack of evidence.

When the judge asked whether he had any reason to cite why he should not be given capital punishment, Mustafa said that he was the sole breadwinner of his family. His counsel argued that his offence did not fall under the 'rarest of rare' category of crimes, for a death sentence.

However, the public prosecutor argued for capital punishment on the ground that the crime was of a 'cruel' nature.

After hearing the argument, the judge stated she was unable to find any 'justifying circumstances' not to award death penalty for the accused. She stated that an exemplary punishment is required to put a check on such cases and also to ensure that fear of law remains among criminals in society.

It may be recalled that tension had gripped the Mansarovar complex area in Bhopal after people set on fire shops and damaged vehicles after the incident on September 29. The accused worked in a motor-repairing shop at the locality.

Link: Teen's rapist gets death penalty

Apr 11, 2013: Godman gets life term for raping minor sisters

TNN | Apr 11, 2013, 02.49 AM IST

AHMEDABAD: A city sessions court on Wednesday awarded life imprisonment to Bhure Ali Saiyed for raping two minor siblings in 2009. The convict was also punished for detaining the girls for 15 days at his house in Bapunagar.

Saiyed claimed to have possessed supernatural powers and used to frequent the victims' house in Amraiwadi.

In September 2009, when the girls were out at night during the Navratri festival, Saiyed allegedly lured them to his house in the Gujarat Housing Board's colony.

The family suspected Saiyed's involvement after he offered to help them with his supernatural powers. He even demanded Rs 20,000 for the same. The family lodged a complaint on September 23, 2009, and the cops finally rescued the sisters from Saiyed's house and arrested him.

Saiyed was chargesheeted and tried before additional sessions judge B J Dhandha. The prosecution placed 16 documentary evidence for court's perusal and examined 15 witnesses to establish that Saiyed abducted and raped the girls.

After hearing the case, the court also imposed a penalty of Rs 13,000 on him and asked the Criminal Injuries Relief and Rehabilitation Board to consider the victims' case for adequate compensation.
Link: Godman gets life term for raping minor sisters

Mar 31, 2013: Wife killed for offering Khichdi on Holi day, husband gets seven-year jail

Yagnesh Mehta, TNN | Mar 31, 2013, 06.49 PM IST

SURAT: Shankar Rathod, a resident of Orna village in Surat, was sentenced to seven years imprisonment by court of additional sessions judge for murdering his wife in March 2012. The culprit murdered his wife as she offered khichdi and vegetable in lunch on Holi festival. 

Charges of culpable homicide not amounting to murder proved against Rathod. In addition to seven years jail term Rathod is fined Rs 5000 cash and additional six months jail if fails to pay the fine amount. The court categorised the crime as culpable homicide not amounting to murder since it was an act done in aggression and not with intention. 

Rathod's minor daughter was witness in the case and she confirmed that his mother was beaten to death by his father. After celebrating Holi in the village the Rathod family were taking lunch at their residence when the victim Sangita, wife of Rathod, offered khichdi and vegetable. Rathod asked Sangita that why she cooked khichdi on festival day and not some special dish. It started argument between the couple and Rathod started beating Sangita. 

Since the tussle continued Rathod took his axe and hit Sangita resulting severe injuries. She was rushed to the hospital where she was declared brought dead. Her uncle Chhitu Rathod lodged a compliant in Kamrej police station against Rathod.

Link: Wife killed for offering Khichdi on Holi day, husband gets seven-year jail

Mar 26, 2013: Three get 10-year jail for gang rape

TNN | Mar 26, 2013, 07.03 AM IST

HYDERABAD: A local court on Monday convicted three auto drivers for gang-rape of a 23-year-old B Ed student near Shamirpet in 2011, and awarded them 10-year jail term for the offence.

The II additional district sessions court at the Rangareddy court complex in LB Nagar on Monday sentenced auto drivers B Sai Kumar, Mohammed Ghouse, both from Tumkunta, and B Krishna of Shamirpet to 10-year imprisonment for raping the student in Majidpur near Shamirpet.

On May 4, 2011, at about 10 pm, the victim, then a B Ed first year student of a college in Secunderabad, got into a city bus near the Secunderabad railway station to reach her home at Aliyabad village near Shamirpet. However, as the bus was going on some other route, the victim disembarked at Thumkunta, nearly seven kilometres away from Aliyabad.

As she was waiting at the Thumkunta bus stand, the trio came in an auto and lured the victim to board the vehicle by saying that it was the last vehicle she could find to reach home.

After the victim got into their vehicle, they took her into the forest near Majidpur and took turns to rape the hapless girl. After the perpetrating the brutality, they abandoned the victim and fled.

The victim, with her clothes torn and injured badly, managed to reach the Rajiv Rahdari (Karimnagar-Ramagundam road) on foot and waited there for help. With the assistance of a passerby, she managed to contact her parents and police.

After a detailed probe, the Shamirpet police had filed a chargesheet against five persons, including the trio. However, the court convicted only the three and acquitted the rest.
Link: Three get 10-year jail for gang rape

Mar 22, 2013: Man gets life term for raping minor tribal girl

Press Trust of India | Updated: March 22, 2013 18:41 IST

Sangareddy: A Special Court has sentenced a 20-year-old man to life imprisonment for raping a minor tribal girl near Sangareddy in Medak district last year.

Pintu Yadav was awarded life imprisonment and slapped a fine of Rs. 2,000 after being convicted under the SC/ST (Prevention) of Atrocities Act, Special Public Prosecutor Jala Humba Josephine said.

He was also handed 10-year jail term for rape under Indian Penal Code and fined Rs. 1,000 by the court, set up under the Act, which delivered its judgement two days ago, Josephine said.

Both the sentences will run concurrently and in case of default in payment of the fine, the convict will have to undergo three-month additional imprisonment, she said.

According to the prosecution, Yadav, a labourer from Bihar, lured the 6-year-old girl, whose family resided in a hamlet under Patancheru mandal of Medak district, by offering her to buy chocolates on the evening of May 18, 2012. He then took the girl on outskirts of the hamlet and raped her.

Besides IPC, the accused was charged under the SC/ST Act for committing atrocity on a member of a Scheduled Tribe.
Link: Man gets life term for raping minor tribal girl

Mar 21, 2013: Founder of orphanage near Mumbai sentenced to death for murder, sexual abuse of girls

Reported by Rashmi Rajput, Edited by Ashish Mukherjee (inputs PTI) | Updated: March 21, 2013 20:34 IST
Mumbai: The founder of an orphanage near Mumbai was today sentenced to death by a local court, which held him guilty for the death of a differently abled teenage girl and sexual abuse of five other inmates. Five employees of the institution were handed tough jail terms.

Ramchandra Karanjule, who runs the orphanage in Panvel, was given death penalty. He had been charged with murder as one of the girls at the orphanage died after she was gang-raped. 

Prakash Khadke, a teacher at the orphanage, and Khandu Kasbe, who runs a similar home in Shirdi, were sentenced to life imprisonment. The court slapped 10-year jail terms on Sonali Badade, superintendent of the orphanage, and Parvati Mavle, the caretaker. Another accused, Nanabhau Karanjule, was convicted for molestation and will serve two years in prison.

The horrific saga of sexual and physical abuse of the girls, aged 14 to 18, came to light in 2011 during an inspection of 25 homes for differently abled children under the instructions of the Bombay High Court. The police made arrests in March 2011. A medical report revealed the girls had been repeatedly raped.

The court convicted the six people yesterday. Of the three girls who testified, two are deaf and mute and identified Ramchandra Karanjule, who is 54, using hand signs.

The judge today had strong words for Ramchandra Karanjule, saying: "The only objective behind running the orphanage was to satisfy lust and earn money. Ramchandra Karanjule not only exploited the girls for years but also allowed his friends to exploit the girls. He is a menace to the society and life imprisonment will be highly inadequate in this case."

"Every day crimes against women are being committed. It is increasing day by day. The law changes as per the needs of the society. It is the need of the hour to create deterrent effect by imposing the highest punishment, otherwise the judicial conscience will be taken for granted," the judge said.
Link: Founder of orphanage near Mumbai sentenced to death for murder, sexual abuse of girls

Feb 18, 2013: Man raped girl on promise of marriage, gets 10-year jail

TNN | Feb 18, 2013, 03.15 AM IST

NEW DELHI: A man was sentenced to 10 years in jail by a fast-track court for raping a girl on the false promise of marriage and leaving her after she became pregnant. 

The court said that after maintaining physical relations with the Muslim girl for over two years, Deepak Dogra refused to marry her. Moreover, to save himself from legal punishment, he went through "farce of marriage ceremony" despite knowing that it was neither lawful nor valid. 

ASJ Nivedita Anil Sharma said that it is clear from the girl's evidence that a 'farce' marriage was conducted in a temple where the couple exchanged garlands and Deepak put vermilion on the girl's head knowing fully well that he is a Hindu and the girl a Muslim. Even after being told by a priest that the marriage can not be performed in that temple, Deepak still went ahead with the ceremony. 

The 20-year-old girl was awarded a compensation of Rs 1 lakh under the Delhi Victims Compensation Scheme. The court imposed a fine of Rs 60,000 on Mubarakpur- resident Deepak stating that if realized, the amount should be given to the victim as compensation. 

According to the prosecution, the girl had lodged a complaint against Deepak in October 2010 alleging that he had raped her several times in a factory and at her house after promising her marriage. But after she became pregnant, Deepak refused to marry her and even asked her to abort the child. When the girl approached police, Deepak told the cops that they were married and produced the photographs as proof. But the court said, "...Deepak is a Hindu and the girl is a Muslim. The two could not have married unless one of them converted to the religion of the other, or they got married under the Special Marriage Act." 

Deepak was held guilty for raping and fraudulently performing the marriage ceremony. Regarding the girl's consent in having physical relations with the accused, the judge said that it was clear from her evidence that Deepak developed physical relations with her on the promise of marrying her. 

The woman alleged that she was raped many times at her home and in a factory, but he left her when she became pregnant.
Link: Man raped girl on promise of marriage, gets 10-year jail

Feb 7, 2013: Man sentenced to 12 years imprisonment for raping minor

PTI | Feb 7, 2013, 07.46 PM IST

HOSHIARPUR: A local court here today sentenced a man to 12 years imprisonment for raping a minor girl. 

Additional Session Judge Manjinder Singh convicted Mangat Ram, alias Mangi under section 376 of the IPC and also imposed a fine of Rs 25,000 on him. 

According to the prosecution, Mangat Ram raped a 4-year-old girl of village Thinda on December 14 last year. 

He took the girl to sugarcane fields when she was playing with some children of the locality. 

Girl's mother along with some persons rushed to the fields after they heard screams of the minor where they found him raping her.
Link: Man sentenced to 12 years imprisonment for raping minor

Feb 5, 2013: 23 years on, man jailed for driving wife to suicide

By Shibu Thomas, TNN | Feb 5, 2013, 02.09 AM IST

MUMBAI: Nearly 23 years after a city resident set herself ablaze within a couple of months of marriage, the Bombay high court sentenced her husband to three years in prison for ill-treating her because she did not bring him a wristwatch in dowry and for driving her to suicide. 

Justice R C Chavan refused to show any leniency to the accused, Manohar Patil, who had urged for sympathy on account of the two decades that had passed since the incident and the new life that he had built for himself. 

"(The prosecutor) is right in submitting that this is a case of death of a woman within one month and some odd days of her marriage and, therefore, reducing sentence would amount to showing misplaced sympathy," Justice Chavan said. 

The defence's plea that Patil's punishment be reduced to the six months that he had already served in prison and a fine was rejected by the court. The high court gave Patil six weeks to surrender. 

But the court set aside Patil's conviction in 1993 by the trial court on the charge of causing dowry death, which would have sent him to prison for seven years. The court agreed with advocate Samir Vaidya, Patil's counsel, that there was no evidence of dowry death. 

The victim got married to Patil on May 13, 1990. On June 25, 1990, she set herself ablaze. Police investigations showed that she had told her brother about the ill-treatment she faced because the dowry demand of a wristwatch had not been fulfilled. 

On an earlier occasion, she was injured after Patil allegedly smashed her face on the kitchen platform and burnt her with matchsticks. The court said there was enough proof that Patil had ill-treated his wife for the watch and driven her to suicide.
Link: 23 years on, man jailed for driving wife to suicide

Jan 29, 2013: SC commutes rapist-killer father's death

By Dhananjay Mahapatra, TNN | Jan 29, 2013, 03.26 AM IST

NEW DELHI: A man, released on parole after being arrested on wife's FIR accusing him of raping his minor daughter, came home and hacked to death his wife and daughter, but the Supreme Court on Monday found it not to be a "rarest of rare" crime and commuted his death penalty to imprisonment for entire life. 

To deviate from the concurrent view of the trial court and the Punjab & Haryana high court to award death penalty to Mohinder Singh, the apex court bench of Justices P Sathasivam and F M I Kalifulla found a "significant factor": the man did not harm his other daughter who was present in the house during the incident on January 8, 2006. 

It was probably more brutal than the Nirbhaya case. Singh was convicted for raping minor daughter and was sentenced to 12 years imprisonment. The wife, who had lodged the rape case against her husband, had driven him out of the house. After being released on parole in January 2005, he had once attacked the wife. 

But a year later, he came to his wife's house in a village near Ludhiana armed with a axe and hacked both her and the rape victim daughter in front of his other daughter. The prosecution narrated the sequence of events, recounting, "When the wife came to the lobby of the house, the accused hit her on the head with an axe. She fell on the ground and, thereafter, he gave two more blows on her neck and hand. Then, he attacked the daughter and gave three repeated blows on her head. Both of them died on the spot." 

The prosecution said, "When he approached towards the other daughter, she went into a room and bolted it from inside. The accused fled the scene leaving behind the axe at the spot. After some time, the surviving daughter came out of the room and raised a hue and cry." The accused was arrested on the same day. 

In converting the death penalty into imprisonment for entire life, the bench of Justices Sathasivam and Kalifulla said, " "One significant factor in this case, which we should not lose sight of is that he did not harm his other daughter even though he had a good chance for the same." 

Justice Sathasivam, writing the judgment for the bench, said, "It was highlighted that he being a poor man and unable to earn his livelihood since he was driven out of his house by his deceased wife. It is also his claim that if he was allowed to live in the house, he could easily meet both his ends and means, as the money which he was spending by paying rent would have been saved. It is his further grievance that his deceased wife was adamant and he should live outside and should not lead happy married life and that was the reason that their relations were strained." 

After taking note of Singh's plea, the apex court said, "This shows that the accused was feeling frustrated because of the attitude of his wife and children. Moreover, the probability of the offender's rehabilitation and reformation is not foreclosed in this case." 

The court also relied on an affidavit filed by Singh's sister reflecting that the family had not entirely renounced him and concluded, "Hence, there is a possibility for reformation in the present appellant. Keeping in mind all these materials, we do not think that the present case warrants the award of death penalty." 

"The appellant accused, therefore, instead of being awarded death penalty, is sentenced to undergo rigorous imprisonment for life, meaning thereby, the end of his life but subject to any remission granted by the appropriate government satisfying the conditions prescribed in law," the court added.
Link: SC commutes rapist-killer father's death

Jan 25, 2013: Man gets life term till death for kidnapping, raping minor

PTI | Jan 25, 2013, 05.17 PM IST

GWALIOR: A 40-year-old man was sentenced to life imprisonment till death by a local court for raping a minor girl repeatedly for nearly a week after kidnapping her. 

The sentence was awarded by first additional session judge Laxmi Sharma on Thursday to Ram Kishan for raping a 11-year-old girl after abducting her last year. 

According to prosecution, pronouncing the verdict, the judge said that the convict should spend rest of his life behind the bars. 

"Any attack on women that violates her privacy always left a scar on her mind and after that leading life with that pang is as painful as death. Showing any sympathy towards such criminals is against the interest of the law and the society and such kind of crimes also affects the morality of the society. Therefore, such persons deserves a harsh punishment," the judgement said. 

The accused was known to the victim's family and on June 20, 2012, he went to her residence in search of her father's maternal uncle and stayed back. Next day, he lured the girl to a market for purchasing dresses and later took her to a forest and raped her. 

After this he went to Rajasthan's Bara town along with her and again sexually abused the minor. Later Kishan brought her to Radhapura village in Madhya Pradesh and again raped her and subsequently dumped her in an agriculture field. 

A week later, the victim was found by an old woman to whom she narrated the entire incident following which she was taken to her (victim's) residence. Her father then filed a report in the Mohna Police Station Shivpuri district.

Link: Man gets life term till death for kidnapping, raping minor

Jan 23, 2013: Gang-rape victim attempts suicide in court premises

PTI | Jan 23, 2013, 07.08 PM IST

AHMEDABAD: A gang-rape victim today attempted suicide by consuming a poisonous substance in the premises of metropolitan court here, alleging 'delay' in justice, police officials said.

After the complainant, who had come for a hearing in an alleged rape case of 2008, got to know that the next date in the case was fixed for February 8, she walked out of court room on fifth floor and consumed some poisonous substance saying "justice was being delayed," her lawyer Bharat Shah, who was an eyewitness, said.

The girl was rushed to hospital, police said. The girl's lawyer said the court of metropolitan judge S V Parikh had fixed next date of hearing for March 18 in the case, but on his appeal it was changed to February 8.

The girl, who worked with a garment firm in Ambraiwadi here, had filed a complaint with police in 2008 alleging gang rape by the firm owner and his three accomplices in 2007, with the help of three women co-workers at the shop, he said.
Link: Gang-rape victim attempts suicide in court premises

Jan 18, 2013: Dowry killing: Life term for mother-son duo

By A Subramani, TNN | Jan 18, 2013, 05.35 PM IST

CHENNAI: A mother-son duo has been sentenced to undergo imprisonment for life by a Mahila Court here, for their involvement in the mysterious death of a woman who had married the son in 2008.

Finding the duo guilty of harassing the 30-year-old Chitra for dowry, and then causing her death, special judge of the Mahila Court here Meena Satheesh also imposed a fine of Rs 10,000 each on them. They were taken to the Central Prison at Puzhal here immediately after the judgment on Thursday.

Chitra, an employee of a popular textile showroom in T Nagar here, met R Suryashankar at the place and fell in love in 2008. The same year, braving opposition from their families, the young couple eloped and got married. After the marriage, they set up a shop at Koyambedu flower Market.

Trouble started when Suryashankar, who was under treatment for alcoholism, started drinking again. On March 24, 2009, about eight months after the marriage, Chitra was found dead at her home. She was seen hanging from the ceiling with her legs touching the ground. The matter came to light only after a neighbor, Prabakar, lodged a complaint with police.

On Thursday, citing coherent witness depositions and the evidence furnished by the prosecution, the judge found the mother-son duo guilty of causing dowry death punishable under Section 304B of IPC and awarded imprisonment for life to them besides Rs 10,000 as fine. They were also found guilty of offences punishable under Section 478A (subjecting woman to cruelty) as well.
Link: Dowry killing: Life term for mother-son duo

Jan 16, 2013: Rapist-killer gets death in 10-day trial

By Smriti Singh, TNN | Jan 16, 2013, 02.33 AM IST

NEW DELHI: Ten days after being set up to try cases of sexual offences against women, a fast-track court in Dwarka, west Delhi, on Tuesday gave the death sentence to a 56-year-old farmhouse guard for raping and killing a three-year-old girl in 2011.

This was the first sentence handed out by any of the fast-track courts set up in the capital after the Nirbhaya gang-rape.

Terming the crime as "most diabolic and gruesome", additional sessions judge Virender Bhat sent the accused, Bharat Singh, to the gallows, saying the case fell in the "rarest of rare" category. The victim had died while she was being raped and her internal organs had come out, the court said.

"There is a steep rise in crimes against women, particularly minor girls. Time has come when the courts have to take a stern view of such crimes and inflict harsher punishment possible upon the perpetrators... so that a stern message is sent to society," the court said.

On April 10, 2011, the girl was returning to her house in Kapashera in southwest Delhi when she strayed towards the farmhouse. The girl was called inside by Singh, who was alone on duty, and was raped by him, the prosecution had said.

The court noted that the girl was subjected to his "lust" in such a "ghastly" manner that she died during the crime. The convict was so merciless that after the girl died he threw her body in some bushes inside the farmhouse. It was discovered a couple of days later after the place started stinking," it said.

The court said the brutality of the crime was similar to that of Nirbhaya's. "He did not heed the cries of the minor victim... It was a ghastly and heinous crime, and the convict opted to do it in such a brutal manner that her internal organs were pulled out," it said.

The convict was awarded capital punishment for murder under section 302 and life sentence for rape (section 376) besides a fine of Rs 1 lakh.

The defence's argument that section 302 was not made out as Singh had no intention of killing the girl, did not impress the court. Holding Singh guilty of murder, the court noted that medical evidence clearly showed that the girl had died due to the commission of rape.

Demolishing the arguments of the defence, the court said the fact that he committed rape on a three-year-old girl knowing that the child would not be able to stand the pain and trauma, a case of murder was made out. "Such persons are a menace to society and he deserve no leniency," the court said.

Initially, the girl's father had lodged a complaint with the police that his daughter was missing. After the girl's body was recovered, a case of rape and murder was registered and the case was sent for trial.

After being set up on January 5, the fast-track court concluded the case within 10 days of getting it from another sessions court. At that time, the case was at the stage of finishing the recording of evidence. Within 10 days, ASJ Bhat recorded the statement of the accused, heard the final arguments in the case and pronounced the judgment.

Times View

We have repeatedly sought fast-track courts for certain categories of cases, like sexual offences. Given the extent to which the Indian judicial system is clogged today, this is necessary to ensure that the law has a deterrent effect in such cases. However, fast-track courts must not mean that the judicial process is in any way short-circuited. Due process of law must remain sacrosanct as must be the principle that wrongly convicting an innocent is worse than allowing some of the guilty to escape. At no stage must it appear that the judiciary is swayed by the public mood into handing out more severe verdicts than are called for. The judiciary remains one of the most respected institutions in India and that must not change.
Link: Rapist-killer gets death in 10-day trial

Jan 15, 2013: 3 rape cases involving minor girls; life imprisonment awarded in all three

By Neel Kamal, TNN | Jan 15, 2013, 11.22 PM IST

BARNALA: A district court in Punjab announced verdict of three separate rape cases involving the rapes of minor girls and sentenced life imprisonment in each case. 

All three accused have also been fined Rs 10,000. All the case belonged to 2012 and the sentence came after 9 months. 

Taking up the case of police station Thulliwal in Barnala, court of additional sessions judge Barnala BS Sandhu sentenced Sukhdev Singh of village Kurar to life imprisonment. 

Sukhdev Singh was accused of luring a minor girl, who was living with her maternal parents after the demise of her mother, on June 26, 2012 on the pretext of marrying her. 

Thulliwal police had filed the challan on October 18 and agreeing with the contention of counsel Jatinder Kumar, the court on Tuesday announced the verdict and awarded life imprisonment along with a fine to Sukhdev Singh. 

In the second case, the court awarded life imprisonment to Charanjit Singh of village Chananwal.

As per the prosecution, Charanjit Singh on the night of April 8-9, 2012 had lured a 15-year-old village girl, also on the pretext of marrying her. 

Police arrested the man based on the complaint made by the girl and the court on Tuesday sentenced him to life too. 

In the third case, a 16-year-girl of Barnala had gone to school on March 31 but did not return back. 

The family got to know that Naresh Kumar of a nearby locality had lured the girl on the promise of marrying her. 

Police on April 12 had registered a kidnapping and rape case against Naresh. The court on Tuesday taking up the case, sentenced Naresh to life imprisonment along with fine of Rs 10,000.
Link: 3 rape cases involving minor girls; life imprisonment awarded in all three

Jan 11, 2013: 8 days after charge-sheet, rapist gets 10 years in jail

TNN & Agencies | Jan 11, 2013, 07.01 AM IST

HOSHIARPUR: In one of the fastest rulings in a trial court, which highlights the futility of setting up special fast track courts for speedy disposal of cases, a local court on Thursday decided a rape case within eight days of production of challan. Additional district and sessions judge J S Bhinder convicted Jai Prakash Diwedi, alias Pawan Dubey, of Uttar Pradesh, for the kidnapping and rape of a minor girl of a village in Garhshankar subdivision of Hoshiarpur district, and sentenced him to 10 years rigorous imprisonment.

The victim, aged 17 years and two months at the time of the crime, used to work in a factory in Ludhiana, 90 km from here, when she was kidnapped and threatened by the accused in May last year. She was taken to New Delhi, where the accused raped her for 15 days, threatening to kill her younger brother if she told anyone about the rape. The accused later abandoned her at a bus stop in Delhi.

The girl then managed to get to a local gurdwara where she met a young couple. They took her to the house of their landlord, who helped her.

The Punjab police had registered a case against Dubey and two others on August 13, 2012, for abducting and raping a 17-year-old girl. While Dubey was arrested on September 3, the others were nabbed on September 30. The case was committed to the court of subdivisional magistrate which entrusted it to the sessions court on December 22.

The challan was produced in the court on January 2, and the verdict announced on January 10. The court acquitted the other accused and sentenced Dubey to 10 years imprisonment for rape, seven years for abduction to induce a woman for marriage, and five years for kidnapping) of IPC. All the sentences will run concurrently. The court has also imposed a fine of Rs 90,000 on the convict, of which Rs 50,000 would have to be paid to the victim as compensation.
Link: 8 days after charge-sheet, rapist gets 10 years in jail

Jan 6, 2013: SC commutes death penalty for man who brutally killed 65-year-old woman, raped and stabbed pregnant granddaughter-in-law

By Swati Deshpande, TNN | Jan 6, 2013, 03.50 AM IST

MUMBAI: Three days before the brutal gang-rape of Nirbhaya, the Supreme Court commuted a death sentence to life for a 23-year-old man who killed a 65-year-old woman and raped her pregnant 25-year-old granddaughter-in-law in an upscale Pune neighbourhood in September 2007. 

The convict, Sandesh Abhang, had stabbed the old woman 21 times, severed four fingers of one hand and chopped off the other wrist. He then raped her granddaughter-in-law, stabbed her 19 times, including in her neck, and left believing her to be dead. He later boasted to his friends that he had killed two women and was not afraid of anyone. The woman was five-month pregnant and gave birth to her child later. 

The SC bench of Justices Swatantar Kumar and Madan Lokur observed that though the accused had committed a very "heinous and brutal crime", a "vital factor" that he "may not have been aware of what he was doing as he smelled of alcohol'' could not be ruled out and hence his "abnormal behaviour" was relevant in holding against death penalty. The SC said to kill, "it was not expected of him to inflict 21and 19 injures on their bodies respectively. He could have simply given an injury on the vital parts of their bodies and put them to death... amputating the fingers clearly reflects the conduct of an abnormal person". 

The convict had sought leniency on the grounds that he was drunk and unaware of his own actions. But the state argued that the law allows intoxication as a defence only when the accused can prove that it was against his will and knowledge and when the effects are such that the person is rendered incapable of proper judgement of his own intent to commit a crime. 

The SC said that in cases of capital punishment, reformation was a relevant criterion. In this case, it reasoned that the convict was young, had "no criminal involvement in similar crimes'' and "no evidence (had been) produced by the Maharashtra government'' to show that he was a hardened criminal incapable of being reformed. This, it said, outweighed other factors against him. 

The Bombay high court bench of Justices B H Marlapalle and Abhay Thipsay had in March 2011 upheld the death sentence awarded by a sessions court. The HC said Abhang should be shown no mercy as he was incapable of remorse or reform. The accused, a mechanic, had entered the house in the afternoon saying "sahib ne bheja hain" for some work. His intention was to rob, but angered that the older woman's bangles were not of gold, he chopped her fingers and wrist. 

The pregnant woman had helplessly pleaded with the accused to spare their lives and take away the valuables but even after taking the gold jewellery, he had in a cold-blooded manner killed the older woman by slashing her neck with his kukri, then at knife-point made the younger woman remove her clothes before raping her. The court observed that the younger woman "displayed wisdom and bravery. She received injuries on her back to protect the child in her womb and pretended to be dead by lying down quietly.'' 

At 3 pm, the convict left the flat in Bibwewadi after washing himself and his weapon clean. The young woman later called out to her aunt residing in the flat below and was finally rushed to the hospital where she remained in the ICU for almost three weeks. 

The HC observed that the accused showed unusual calm and perversity in raping a bleeding pregnant woman after killing one and then washing himself clean. It held his conduct and crime to be rarest of rare and beyond redemption. He would be a menace and threat to society, it said but the SC disagreed and said ''his conduct in jail was not shown to be unworthy of concession.'' 

The HC and SC held that the evidence had proved the man's guilt beyond doubt. In the SC, Abhang did not challenge his conviction but only pleaded against the death sentence. The SC said life imprisonment shall be for life.

Link: SC commutes death penalty for man who brutally killed 65-year-old woman, raped and stabbed pregnant granddaughter-in-law

Jan 5, 2013: Man gets 10 years jail in dowry case

TNN | Jan 5, 2013, 12.01 PM IST

KANPUR: The district and sessions judge OP Verma on Friday convicted Ajay Kashyap, a resident of Govind Nagar for dowry death and sentenced him for ten years of rigorous imprisonment. He was also ordered to pay a fine of Rs 7000. 

The accused married Kiran in 2005. He was unemployed and forced his wife to bring Rs. 10,000 from her mother. Kiran hanged herself on November 12, 2006 when she could not bear the mental and physical torture. Her mother lodged a complaint against Ajay. 
Link: Man gets 10 years jail in dowry case

Jan 04, 2013: Settle rape case with Rs.50,000, panchayat tells 13-year-old

Indo-Asian News Service | Updated: January 04, 2013 14:39 IST

Lucknow: Rs.50,000 as compensation for being kidnapped, taken to Nagpur and raped in captivity for many days. That is what a panchayat in Uttar Pradesh has offered a 13-year-old who came to them with her tale of horror at the hands of a youth from the village.

The panchayat in Mauli village in Pratapgarh, about 170 km from Lucknow, pronounced its "judgment" late on Thursday, police officials said on Friday, even as Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat's comment that crimes such as rape take place in India and not so much in Bharat kicked up a massive controversy. 

The girl has alleged that a youth sexually assaulted her in the village and then kidnapped her at gunpoint and took her to Nagpur in Maharashtra.

She said she was sexually abused for many days and detained against her will. After about a week, she managed to give the rapist a slip and return home on December 27. 

Faced with her horrific tale, the panchayat in Mauli felt there was "no point taking the matter further" and decided monetary compensation was the best way out, an official told IANS. 

He added that the young rape victim had petitioned the superintendent of police after which an FIR was lodged against a village youth.

Having heard her ordeal, the family decided to approach the police. The local police station paid little heed to her complaint. 

Her brother then approached the superintendent of police (SP) in Pratapgarh after which the complaint was lodged. 

Sarvesh Kumar Mishra, the station officer of Kunda, told IANS that a case had been slapped on the accused and the girl had been sent for medical examination.

"We have done the needful and action would be taken as per law," Mr Mishra said, refusing to comment on the panchayat's ruling. 

Differences, it is learnt, have cropped up in the panchayat, with some members not in agreement with the Rs.50,000 diktat. 

Conditioned to believe that rape was the worst fate to have befallen their daughter, elders in her family told the panchayat on January 2 that they would be okay if the girl, after attaining adulthood, was married to the rape accused. 

The panchayat, however, turned down the offer and tried to thrash out a solution between the two families. 

It then came up with the formula of asking the accused's family to compensate her by giving her Rs.50,000. It also asked the girl's family to withdraw the police complaint. 

What will happen to her complaint is still unclear. 

But as the debate over crimes against women intensifies in the country following the gang-rape and death of a Delhi girl, it is hoped that this village girl from Uttar Pradesh will be given justice.
Link: Settle rape case with Rs.50,000, panchayat tells 13-year-old

Jan 3, 2013: Auto driver sentenced to death for rape and murder

PTI | Jan 3, 2013, 08.32 PM IST

THIRUVANANTHAPURAM: A sessions court on Thursday sentenced to death a 28-year-old man, an auto driver, for raping and murdering a 15-year-old girl last year. Principal sessions judge B Sudheendrakumar awarded death sentence to Rajesh Kumar, who was found guilty of multiple offences, including raping and murdering the girl at her residence at Vattappara near here on March 6, 2012.

The prosecution case was that Rajesh entered the victim's home on the pretext that he wanted some water and a screwdriver for repairing his autorickshaw, which got stopped on the road in front of the house.

The victim, who was preparing for the 10th standard examination at the time, was alone at home as her parents were away. Rajesh then caught hold of the girl. After raping her, he strangled the girl and ran away from the spot after snatching a gold chain of the victim.

To their shock, the girl's parents found their child lying dead when they returned home. Rajesh, a native of nearby Kattakkada, was arrested a week later. The prosecution said the accused had committed rape,murder and robbery and submitted that the crime should be considered as rarest of the rare cases and maximum punishment be awarded to the accused.

Welcoming the verdict, the girl's parents said "let it be a lesson for all" and thanked the police for expeditiously completing the inquiry and filing the chargesheet.
Link: Auto driver sentenced to death for rape and murder