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ED files chargesheet against businessman Gagan Dhawan

The Enforcement Directorate filed a chargesheet on Saturday against Delhi-based businessman Gagan Dhawan in connection with a Rs 5,000 crore money laundering case.Additional Sessions Judge Sidharth Sharma, before whom the final report was filed by ED special public prosecutor Nitesh Rana, took cognisance of the document and posted the matter for hearing on January 3, 2018.Dhawan, who was arrested on November 1, was sent to judicial custody on November 15 by the court after the probe agency said he was not needed for further custodial interrogation.The ED had alleged that Dhawan had facilitated the directors of Gujarat-based pharma firm Sterling Biotech Ltd (SBL) in the purchase of several properties and helped in misuse and diversion of the credit facilities of several banks totalling Rs 5,000 crore.”Rs 1.5 crore was received by the accused from the SBL group. Prior to that, the amount of bank loans was rotated in various group companies of SBL group,” the ED had claimed.The ED registered the case against him after taking cognisance of the case filed by Central Bureau of Investigation (CBI) against the pharma firm, its directors and several other persons in connection with the alleged bank fraud case.On August 25, the ED officials raided Dhawan’s office and that of a former Congress MLA Sumesh Shokeen in money laundering case.The firm and Dhawan are also being probed for allegedly bribing senior income tax department officials as part of an earlier criminal complaint.The FIR has alleged that the total pending dues of the group companies were Rs 5,383 crore as on December 31, 2016.

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Suhaib Ilyasi gets life in jail for killing wife

Seventeen years after he killed his wife, Anju, and concocted a false story to save himself, Suhaib Ilyasi, former television producer and host of ‘India’s Most Wanted’, was awarded life imprisonment on Wednesday by a Delhi court. Immediately after the pronouncement of the order, 51-year-old Ilyasi, who was brought from Tihar jail, shouted that he was innocent and the award of life sentence is an “injustice”.Additional Sessions Judge Sanjeev Kumar Malhotra also imposed a fine of Rs 2 lakh on the convict, with an additional Rs 10 lakh to be given to the parents of the deceased as compensation. Malhotra said that the crime does not fall in the jurisdiction of “rarest of the rare crime” and ends of justice would be met if the convict is sentenced to life imprisonment.Rukma Singh, Anju’s mother, expressed satisfaction over the court’s order and said, “I am satisfied with the verdict. As long as he is convicted, I am fine.”The court held that Anju knew everything about the frauds committed by Illyasi to secure a job and that he possessed two passports. “Evidence suggests that the accused was at the pinnacle of his career and had earned immense reputation/success from his show ‘India’s Most Wanted’ and his wife, who knew about all the forgeries and wrong acts — i.e possessing two passports, using a fake degree to get a job, committing credit card fraud, etc. — could have let the public know these facts, which could very easily ruin his hard earned success. She had made up her mind to leave the accused and settle down in Canada. As such, the circumstances so appear, that would have impelled the accused to go to any extent,” the court said in its 125-page order.

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MHADA yet to recover 13K sq m area from builders

The Maharashtra Housing Area Development Authority (MHADA) is yet to recover around 13,000 sq m area from developers who were permitted to redevelop cess buildings, mostly situated in south and central Mumbai.While replying to a Public Interest Litigation (PIL) filed by activist Kamlakar Shenoy alleging that the authority has now recovered around 30 lakh sq m causing a loss of around 14,000 crore to the exchequer, it was said that the petitioner had misread the surplus due and arrived at a wrong conclusion.Relying on a chart of the number of projects completed under rule 33 (7) of the Development Control Rules, the authority said in 17 cases redevelopment work has been completed and 5734.26 sq m which is due is yet to be received. Similarly in 33 cases, MHADA has initiated criminal proceedings against the developers who have not surrendered surplus area, which is around 7392.88 square meters.The authority also informed the court that since 2011 developers are told to give an undertaking that surplus land will be surrendered to MHADA on completion of the project.On a question by the Bombay High Court, whether it has any mechanism to recover the surplus area, it said “It was helpless and did not have any mechanism of its own but it only writes to the collector asking him to attach the concerned area. The entire process is cumbersome.”The court then asked MHADA to give suggestions on the next hearing about the ways in which the state can delegate some powers to the authority to recover the surplus and also issue a policy to ensure that in future such a situation does not arise.Box: Expressing displeasure over the reasoning given by the government that the Maharashtra Assembly Sessions was ongoing and so a reply could not be filed, the court said “So have you locked Mantralaya?” and asked a responsible officer to be present on Thursday.

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Delhi court sentences India’s Most Wanted producer Suhaib Ilyasi to life imprisonment for wife’s murder

Former TV producer Suhaib Ilyasi has beensentenced to life imprisonment by a Delhi court for murder of his wife.The court had on Saturday convicted the former television producer for murdering his wife Anju 17 years ago. Ilyasi, who shot to fame with the TV show ‘India’s Most Wanted’, was present in the court room and immediately taken into custody.Suhaib was found guilty on the charge of murder under Section 302 (murder) of the Indian Penal Code. He faces a minimum punishment of life imprisonment and the maximum of death penalty in the case.The order was passed by Additional Sessions Judge S K Malhotra.Advocate Manu Sharma, who represented Suhaib during the protracted trial, said that the court would hear the arguments on the quantum of sentence to be awarded to the convict on December 20.Lawyer Satender Sharma, who appeared on behalf of key witness and mother of Anju, Rukma Singh, said the Delhi High Court had in August 2014 ruled that Suhaib would face the charge of murder for the death of his wife.He was earlier charged with comparatively milder sections including 304 B (dowry death) of the IPC.Ilyasi was arrested on March 28, 2000 and later, charges were framed against him in the case after his sister-in-law and mother-in-law alleged that he used to torture his wife for dowry.Police had chargesheeted Ilyasi on March 29, 2003, and the court later framed charges against him under sections 498A (subjecting a married woman to cruelty) and 304B (dowry death) of the IPC.Later in 2014, the Delhi High Court said Ilyasi would have to face murder charge for the death of his wife.Rukma Singh had filed a plea before th High Court seeking inclusion of the additional charge of murder against Ilyasi for the death of her daughter.Anju was rushed to a hospital on January 11, 2000 with stab wounds she received at her East Delhi residence.Suhaib was arrested on March 28, 2000 and later charges were framed against him in the case after his sister-in-law and mother-in-law alleged that he used to torture his wife for dowry.

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‘India’s Most Wanted’ producer Suhaib Ilyasi convicted for wife’s murder

A Delhi court on Saturday convicted former TV producer Suhaib Ilyasi for murdering his wife Anju 17 years ago. Ilyasi, who shot to fame with the TV show ‘India’s Most Wanted’, was present in the court room and immediately taken into custody.Suhaib was found guilty on the charge of murder under Section 302 (murder) of the Indian Penal Code. He faces a minimum punishment of life imprisonment and the maximum of death penalty in the case.The order was passed by Additional Sessions Judge S K Malhotra.Advocate Manu Sharma, who represented Suhaib during the protracted trial, said that the court would hear the arguments on the quantum of sentence to be awarded to the convict on December 20.Lawyer Satender Sharma, who appeared on behalf of key witness and mother of Anju, Rukma Singh, said the Delhi High Court had in August 2014 ruled that Suhaib would face the charge of murder for the death of his wife.He was earlier charged with comparatively milder sections including 304 B (dowry death) of the IPC.Ilyasi was arrested on March 28, 2000 and later, charges were framed against him in the case after his sister-in-law and mother-in-law alleged that he used to torture his wife for dowry. Police had chargesheeted Ilyasi on March 29, 2003, and the court later framed charges against him under sections 498A (subjecting a married woman to cruelty) and 304B (dowry death) of the IPC. Later in 2014, the Delhi High Court said Ilyasi would have to face murder charge for the death of his wife. Rukma Singh had filed a plea before th High Court seeking inclusion of the additional charge of murder against Ilyasi for the death of her daughter.Anju was rushed to a hospital on January 11, 2000 with stab wounds she received at her East Delhi residence.Suhaib was arrested on March 28, 2000 and later charges were framed against him in the case after his sister-in-law and mother-in-law alleged that he used to torture his wife for dowry. (With PTI inputs)

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My husband was sleeping, says wife of ‘molester’

The Dindoshi Sessions court remanded the 39-year-old Andheri businessman, Vikas Sachdev, in police custody till December 13 on Monday, for allegedly molesting a Bollywood actress on an Air Vistara flight from Delhi to Mumbai. Meanwhile, the accused’s wife claimed that the actor had implicated her husband falsely for publicity.Divya Sachdev said, “My husband had kept his leg on the arm rest of the seat in front of him only to sleep in a more comfortable position. He had no intention to harass the actor. She should have immediately responded in that situation but she chose to be silent and not report the matter. She is trying to gain publicity by implicating my husband.”Sahar police arrested Vikas, a Chandivali resident, on Sunday night and sought a 14-day custody for interrogation on Monday.The defense counsel argued that Sachdev was sleeping and had no intention of molesting the minor.The police will examine the video that the actor shot, which shows Sachdev resting his foot on the armrest of the actor’s seat. There is no CCTV footage available.”We will record the statement of the cabin crew. The airlines said Sachdev had asked the crew not to disturb him or serve him food as he wanted to sleep,” said the officer.Lata Shirsat, senior police inspector, said, “We will take the supplementary statement from the actor, if necessary.” The actor’s spokesperson told DNA that a case had been filed and they will cooperate with the probe.DEFENCE SAYSThe defence counsel said Vikas had no intention of molesting the actor as he was in sleep. It also said that Vikas had been arrested without any prior notice of the probe.

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CBI chargesheets IRB Infra chairman, others

IRB Infrastructure Developers’ Chairman and Managing Director Virendra Mhaiskar and others along with its subsidiary Aryan Infrastructure Investments Pvt Ltd (AIIPL) have been chargesheeted by the CBI in an alleged land scam, forcing the company’s share price to tank on Thursday.An anomaly in the land deal along the Mumbai-Pune Expressway was exposed in 2009 by the slain Right to Information activist Satish Shetty. In January 2010, the Pune-based activist was stabbed to death in Talegaon off Mumbai-Pune Expressway, months after the scam was unearthed. CBI is yet to file a chargesheet on the activist’s murder.As per the CBI chargesheet filed with Pune Sessions Court, there is involvement of AIIPL, Virendra Mhaiskar (then Director of AIIPL) for having issued Power of Attorney, in favour of then Project Head Deepak D Gadgil (Retired – Head Realty, Airport and Hospitality of the Company, then Project Head) and the company along with certain other persons.”…the CBI has filed a charge sheet today with the Sessions Court, Pune in the matter of an alleged illegal purchase of government land in village Pimploli and nearby, Taluka Maval, District Pune by AIIPL), a subsidiary of IRB Infrastructure Developers Limited,” read company’s filing with BSE on late Wednesday evening.Soon after the trading session began on Thursday, IRB Infrastructure Developers share prices fell to an intra-day low of Rs 194.70 per share, which is over 6% drop only to recover later during the day to end at 2.29% lesser at Rs 205.20 per unit.A discharge application will be filed by the company soon.”Based on a preliminary review of the charge sheet, it appears that the charge sheet focuses on an alleged conspiracy to attempt to cheat for acquiring certain land parcels belonging to the government/MSRDC. We deny any allegations made against Mhaiskar, Gadgil, AIIPL and the Company in this matter and will seek appropriate remedies under law. The Company and its management are responsible citizens and have fully complied with the law of the land,” the company clarified.In an analyst call, Mhaiskar termed the charges as frivolous. “We have received charge sheet copy and we firmly believe that no offence can and has been made out against us in the same. We strongly believe that it is a very frivolous charge sheet, as we see it and as we read it. The charges that have been made are conspiracy and attempt to cheat and not even a cheating case,” said Mhaiskar.When analysts asked him about possibility of another chargesheet by CBI against the company’s, he replied, that closure report on murder was filed earlier, but he is unaware about the status if the investigation is still underway or not. “Had there been an involvement in the murder case, that chargesheet should have been filed first as that’s a much grave case,” he remarked.Explaining the land deal, the company added that AIIPL began acquiring land parcels from 2007 onwards an acquired approximately 1,200 acres of land parcels. In early 2009, AIIPL observed that around 5% of the total land parcels owned by it were, in fact, owned by the Maharashtra State Road Development Corporation. AIIPL on its own accord proceeded to cancel agreements to sell, for these land parcels The amount attributable to these 5% of land parcels, pertaining to which the charge sheet has been filed, is Rs 6 crore only.This amount of Rs 6 crore was returned to the Mumbai-based highway developer.BLOOD IN PASTAn anomaly in a land deal along the Mumbai-Pune Expressway was exposed in 2009 by slain RTI activist Satish Shetty. In January 2010, Shetty was stabbed to death in Talegaon.
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Yogi Adityanath

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Cancel anticipatory bail of Sajjan Kumar: SIT

Congress leader Sajjan Kumar has been “erroneously” granted anticipatory bail by a trial court and it should be cancelled, the Special Investigation Team informed the Delhi High Court on Thursday.Appearing for the Centre, Additional Solicitor General (ASG) Sanjay Jain informed the court that the trial court had ignored the legal position that the anticipatory bail at the investigation stage in serious crimes should not be granted.”Additional Sessions Judge has erroneously and arbitrarily passed the impugned order (granting bail) as a blanket order and failed to consider the settled legal proposition that applicant (Kumar) must show categorically and specifically that he had reason to believe that he may be arrested in the present case,”the ASG said in a petition seeking the cancellation of anticipatory bail granted to Sajjan Kumar, in connection to the 1984 anti-Sikh riots.ASG Jain also informed Justice Anu Malhotra that due to the influential position of the accused, the witnesses are not coming forward to record their statements as the leader was not in custody.Kumar was granted anticipatory bail by a trial court on December 21 last year in a case where three Sikhs were killed during the riots, which had erupted after the assassination of the then Prime Minister Indira Gandhi by her Sikh bodyguard.The court was informed that the witnesses had fled to Punjab due to the fear of Kumar during the riots and now want to come forward to record their statements.”The memories of the mass murder will stay forever. Today if they want to come and ventilate everything that happened with them, then what is wrong in it,” Jain said, adding, the truth would always remain even after the passage of time.Two cases were filed against Kumar at Janakpuri and Vikaspuri police stations in West Delhi.
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Yogi Adityanath

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Porbandar heavyweights face off again, development, anti-corruption in play

<!– /11440465/Dna_Article_Middle_300x250_BTF –>“As long as Arjunbhai and I remain active in politics, it seems we are destined to stand face-to-face…that’s how deep our love is for each other,” quips sitting Porbandar MLA Babu Bokhiria of the BJP, as supporters seated around him at the local party office laugh in agreement.The contest for Porbandar between heavyweight candidates fielded by the BJP and the Congress is one that is all-too familiar for the voters here. Former GPCC president Arjun Modhwadia is, for the third time, pitted against his old foe Bokhiria, who is the state minister for animal husbandry and fisheries.While Modhwadia won the seat in 2002 by defeating Bokhiria, and was re-elected in 2007, his bid to win a third consecutive term failed when Bokhiria defeated him by around 17,000 votes in the last election.Bokhiria claims he hopes to get re-elected on the basis of “major development works” carried out during his tenure, and speaks of the introduction of the Amul pattern of milk cooperatives to Porbandar with the formation of the Sudama Dairy, a cow sanctuary that is being developed at Dharampur, improved drinking water supply and irrigation in his constituency, and tenders for sand-dredging floated to address the concerns of fishermen. He also cites plans of developing eight new harbours and 19 landing centres.Modhwadia, on the other hand, is campaigning primarily on the anti-corruption plank, launching scathing attacks against Bokhiria and focusing on the criminal case that was registered against his rival for illegal limestone mining. The case was registered in 2006, when one Umesh Bhavsar, a manager of Saurashtra Chemical Company, filed a complaint against Bokhiria and others, alleging they had illegally mined limestone worth Rs 54 crore from land where the company held mining rights. In June 2013, Bokhiria and three others were convicted for three years by the Chief Judicial Magistrate’s Court. The Porbandar Sessions Court stayed their conviction till it heard Bokhiria’s appeal. In November 2014, the Sessions Court overturned the conviction and acquitted him.“The biggest issue I am raising before voters is that of corruption. The rival candidate is part of the mining mafia, and was even sentenced to a jail term of three years,” Modhwadia alleged, while speaking to DNA.“Over these five years, only new pipelines have been laid, but roads in the city are now lying in atrocious condition. Meanwhile, farmers are suffering because MSP has not been hiked. No new new industries have come to Porbandar, and even the existing ones shut down during the BJP government’s tenure. Benefits granted to fishermen under the Congress government were withdrawn. Education and health has been completely commercialized. There are no opportunities at all here. Youngsters have to go elsewhere for education and employment,” he added.Bokhiria, however, accused his Congress rival of running a negative campaign. “When you do not have any work to show of your own, you end up running a negative campaignMy work towards development of Porbandar speaks for itself.”Many local voters, however, said that while Modhwadia may seem to be a ‘cleaner’ and ‘better’ candidate compared to Bokhiria, people would be wary of voting for him if they feel the BJP will retain power in the state and Centre.“BJP is in power at the Centre, and if they retain power in the state, how will a Congress MLA be able to get our demands met?” said Vijay Bhayanim, owner of a stationary shop at Sudama Chowk market area.“People here will cast their votes keeping in mind Narendra Modi. We did suffer a bit due to GST, but things have stabilized now as we are getting familiar with the tax,” said Hitesh Bhatijia, a general store owner.

Delhi High Court directs Tihar to take action in violence case against ISIS suspects

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has directed the Tihar jail authorities to take appropriate action on a plea that alleged violence against some suspected ISIS operatives and other inmates in the high security cell of the prison.District and Sessions Judge Poonam A Bamba issued directions while disposing the plea filed by three persons, namely Suhail Ahmed, Mohd Obaidullah Khan and Imran, who have allegedly recruited and financed people to join the terror outfit ISIS.The application filed by advocate M S Khan on behalf of the accused claimed that on the night of November 21, the jail staff beat up the inmates of the high-risk ward without any provocation.The lawyer said that 26 inmates were injured but were not being provided medical treatment.”The violence in jail against the inmates by the jail staff is on the rise and every day the inmates are complaining of the same,” the plea had said.The application also contended that”whenever such incidents happen, the jail authorities come up with a plea that CCTVs were not working and this has become their habit” and sought direction to the jail superintendent to file a response in this regard along with the CCTV footage.In the recent past, several instances of inhumane treatment and violence have been reported from Tihar jail.On November 20, the Delhi High Court had taken cognisance of the media reports where a foreign court had struck down India’s extradition request stating that there would human right violation at Tihar due to the conditions.In another matter, 27-year-old Shamiun Rahman, a British national of Bangladeshi origin arrested for allegedly recruiting Rohingya youth for Al-Qaeda to carry out terror activities, had moved a Delhi court alleging sexual harassment inside the jail.

2 men get 25 years’ RI for raping minor

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a landmark judgment, a local court has sentenced two men to 25 years’ rigorous imprisonment for raping a minor girl while their woman accomplice, who facilitated the crime, was awarded three years of jail in the Reasi district of Jammu.Principal Sessions Judge Reasi SR Gandhi convicted Sunil Kumar alias Balwant and Sat Pal alias Matha for rape under section 376 (D) and sentenced them to 25 years rigorous imprisonment and Rs 10,000 fine. The incident dates back to May 2015 when the father of the victim lodged a written report in the Reasi police station, awlleging that in his absence, Revo Devi came to his house and took his 16-year-old daughter for collecting firewood in the jungle.Principal Sessions Judge Reasi S R Gandhi observed that rape is not just violation of the body of a woman but also causes severe psychological reactions. “It leaves an indelible scar in the mind of the victim. Gangrape is an aggregative crime as it involves torture and ridicule. It reinforces a sense of worthlessness in the victim. There is great deal of humiliation”, the judge said.

Inmate fasts, Tihar bosses get mouthful

<!– /11440465/Dna_Article_Middle_300x250_BTF –>After authorities at Tihar Jail allowed an undertrial, accused of killing his mother, to remain on hunger strike for two months, a Delhi court pulled them up for “ill treating” the accused and directed the authorities to provide all possible medical aid to him.Additional Sessions Judge Ajay Pandey was forced to intervene in the matter when he saw the accused, Laxman Kumar Naydu, shivering inside the court room during a hearing on Thursday.The judge also offered two glasses of honey water to the under trial to break his fast in the court room and assured him of medical aid.On interacting with the accused, the court found out that he was called to the jail dispensary on September 7 for his medical examination. However, the court was told that the doctor in the dispensary misbehaved with him. Naydu also informed the court that he expressed his desire to die following which “the doctor advised me that I can leave food if I want to die”. He added that he had not taken any meal or food since September 7.According to the medical report, it was stated that the accused was examined by the jail-visiting psychiatrist. On examination the psychiatrist noted, “(the accused) wishes to die (passive) and depressed mood but no active suicidal ideation”.ASJ Pandey said the interaction with the accused “reflects that he is not being properly treated and the jail doctors and the visiting psychiatrist are not competent to deal with him”.”Accused is in judicial custody and it is the duty of the court to see that if he was suffering from any problem, he should be provided with proper treatment in the jail. It is the further duty of the court to bring the irregularities, if any, about the proper custody of the accused to the notice of the responsible officers and to seek a proper report,” the judge added.Naydu was arrested after he called the police admitting that he had murdered his mother by hitting her with a brick and strangulating her with a plastic pipe on April 24.

Government servant sued by 5th wife seeks bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A man, after being accused of dowry harassment and forceful unnatural sex by his fifth wife, has moved the Delhi High Court (HC) for anticipatory bail. The court has, however, sent him for mediation and stated that he should be in jail for conducting five marriages, despite being a government servant, his own lawyer Rajendra Prasad said.The accused, Yunus Salim, 51, works as the head household assistant at the President Secretariat. As per law, a government servant cannot conduct more than one marriage. He had approached the HC after his anticipatory bail was rejected by Additional Sessions Judge Virendra Goyal, “considering the nature and gravity of the offence”.According to the complaint filed by Naiema Parveen, Salim’s fifth wife, he harassed her for dowry and forced her to have unnatural sex with him.She further alleged that he also took her nude photographs, made adult films, and threatened her of making the videos public, before giving her oral talaq (divorce).Parveen and Salim had tied the knot on June 6, 2014, and were divorced on October 20, 2015. Parveen then filed the a complaint on November 28, 2015, following which an FIR was registered against the accused on December 23, 2016.Salim, who has four daughters from two previous marriages, has claimed that Parveen was this third wife, not fifth. He also furnished related documents, supporting his claim. Rejecting all allegations levelled against him, he said he was being falsely implicated.He further said the FIR was registered more than a year after the complaint was registered, which proved that the police initiated the case with active connivance of the complainant to harass, humiliate, and torture him, as well as to extort money.Salim also alleged that Parveen, along with her family members, forcibly entered the premises of the President Secretariat and threw him out of his house.His counsel Prasad said Justice Najmi Waziri referred the matter to mediation, considering the future of his daughters. He further said that Salim has already deposited Rs 2 lakh in the HC registry for mediation, and the next date for hearing has been fixed as November 13.

Nadia nun rape case: Kolkata court sentences prime convict to imprisonment till death.

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A city court on Wednesday sentenced a Bangladeshi man Narul Islam to imprisonment till death for raping a septuagenarian nun in West Bengal’s Ranaghat town during a dacoity at a convent in 2015. He was convicted along with five others on Tuesday. Others have been given 10-years-of imprisonment. This case had created a major stir with commentators raising questions about safety of women and minorities in the country.Additional Sessions Judge Kumkum Sinha termed the incident as a matter of shame in a state where Sister Nivedita and Mother Teresa had worked for the people. Noting that the charge of gangrape was not established, the judge said only Nazrul Islam was found guilty of rape.Five accused, including Nazrul Islam, were found guilty of dacoity at the convent. A sixth person — Gopal Sarkar was found guilty of harbouring the five criminals at his residence. All the six were also found guilty of criminal conspiracy for committing dacoity at the convent in Ranaghat, an otherwise quiet town about 80 km from here, in Nadia district bordering Bangladesh.Other than Nazrul Islam and Gopal Sarkar, the other four persons found guilty are Milan Kumar Sarkar, Ohidul Islam, Mohd Selim Sheikh and Khaledar Rahman. Apart from Gopal Sarkar, the five others are Bangladeshis and cases against them under Foreigners’ Act are pending before another court.The nun was raped at the convent on March 14, 2015 where the six persons barged in for committing dacoity. They had decamped with cash from the safe of the convent. One accused is absconding.The trial was shifted from a court in Ranaghat to the Kolkata Sessions court in May 2016 by the Calcutta High Court on a petition by the nun. The nun, who had relocated to Delhi following the incident, had sought transfer of the case to Kolkata stating that she feared for her safety as the accused allegedly had strong links in Ranaghat. The prosecution charged all the accused with gangrape, dacoity and criminal conspiracy among others.

Nadia nun rape case: Kolkata court convicts Bangladeshi man

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A city court on Tuesday convicted a Bangladeshi man for raping a septuagenarian nun in West Bengal’s Ranaghat town during a dacoity at a convent in 2015.Additional Sessions Judge Kumkum Sinha termed the incident as a matter of shame in a state where Sister Nivedita and Mother Teresa had worked for the people. The quantum of punishment will be pronounced tomorrow.Noting that the charge of gangrape was not established, the judge said only Nazrul Islam was found guilty of rape. Five accused, including Nazrul Islam, were found guilty of dacoity at the convent. A sixth person — Gopal Sarkar was found guilty of harbouring the five criminals at his residence.All the six were also found guilty of criminal conspiracy for committing dacoity at the convent in Ranaghat, an otherwise quiet town about 80 km from here, in Nadia district bordering Bangladesh. Other than Nazrul Islam and Gopal Sarkar, the other four persons found guilty are Milan Kumar Sarkar, Ohidul Islam, Mohd Selim Sheikh and Khaledar Rahman. Apart from Gopal Sarkar, the five others are Bangladeshis and cases against them under Foreigners’ Act are pending before another court.The nun was raped at the convent on March 14, 2015 where the six persons barged in for committing dacoity. They had decamped with cash from the safe of the convent. One accused is absconding. The trial was shifted from a court in Ranaghat to the Kolkata Sessions court in May 2016 by the Calcutta High Court on a petition by the nun. The nun, who had relocated to Delhi following the incident, had sought transfer of the case to Kolkata stating that she feared for her safety as the accused allegedly had strong links in Ranaghat. The prosecution charged all the accused with gangrape, dacoity and criminal conspiracy among others.

Sessions Court rejects Sunil Shitap’s bail plea

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Sessions Court on Monday rejected bail application filed by the prime accused in the Ghatkopar building collapse, Sunil Shitap. However, the reason for the application being rejected could not be confirmed as the detailed order copy is yet to be received by Shitap as well as the prosecution.In his application plea, Shitap had claimed that the building was dilapidated and the BMC was to be blamed for not inspecting it even though more than 30 years had passed since it was constructed.He had also claimed that he had not made any structural changes in the building as mentioned in the BMC’s High Power Committee Report and charge-sheet filed by the police. The application, however, was opposed by the prosecutor and the intervener.The intervener’s application reply to the bail application said that the high power committee of BMC had arrived to a conclusion that the building collapsed after bearing the load of heavy beams and that the pillars were allegedly removed by Shitap in the ground floor rooms owned by him. The reply also mentioned that Shitap was known as a local goon in the area where the building collapsed and if he is granted bail, he would tamper with evidence.

Delhi court acquits man of cheating, raping woman

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has acquitted a man of the charge of raping and deceitfully marrying a woman he met through a matrimonial website after she failed to support the prosecution case.Additional Sessions Judge Sanjiv Jain absolved the man of the charges of rape, unnatural sex and concealing his first marriage, observing that the complainant did not want to pursue the matter or want any action against him as they had reached a settlement.”In the instant case, the star witnesses were the prosecutrix and her father. They did not support prosecution case in any manner. They did not say anything incriminating against the accused,” the judge said.According to the prosecution, the woman and her father had lodged a complaint on June 7 alleging that the accused, whom she had met through a matrimonial website, deceitfully married her by claiming he was divorced and forcefully established physical relations with her.It alleged that the man forced the woman, who had left her job in Dubai and returned to India to marry the accused, for unnatural sex at a hotel here.She married him at a temple here but later found out that he was not divorced and lodged the complaint against him, it said.The court, however, noted that her testimony revealed that they neither had any sexual relation before or after the marriage nor did she live with the accused.”She has stated that she has settled the matter and she does not want any action against the accused,” it said.An FIR was lodged against the accused for the offences under sections 376 (rape), 377 (unnatural sex) and 493 (cohabitation by a man deceitfully inducing a belief of lawful marriage) of the IPC.The man’s statement was dispensed with as there was no incriminating evidence against him.

Man absolved of son’s sodomy

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has acquitted a man accused of getting his nine-month-old child sodomised by transgenders. The court observed that the man was falsely implicated by his wife.Also, deciding to not initiate a criminal case of perjury against the woman, Additional Sessions Judge Ashwini Kumar Sarpal cautioned her.According to the prosecution, the woman registered a complaint on February 17 this year, claiming that she saw blood coming out of the anus of infant. Following this, she took the child to the hospital, where doctors reportedly told her that he might have been sodomised.According to the complaint, the woman said the accused had taken the child to the transgenders in Khichripur two-three months ago, where he was kept for a week. Following this, an FIR was registered under Section 377 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO).Since the child was an infant, his mother’s statement was recorded before the Magistrate. Later, however, she turned hostile and deposed that she had falsely implicated her husband as they had been quarrelling.”She admitted that she saw blood coming out of the child’s anus and took him to the hospital, where doctor suspected sodomy but she also said that she falsely implicated her husband as he was fighting with her and not living with her,” the court stated.It also held that the complainant did not witness the incident herself. “The complainant has totally exonerated the accused and accepted that whatever she told to anyone about the incident was told at the instance of the police as well as due to her own anger,” the judge said.The judge further said: “During cross examination, she denied seeing or meeting the accused for 6-7 months before the day she saw the victim bleeding. Thus, another allegation made in the FIR, that she saw the accused taking the victim with him to the transgenders, was found to be false.”The court held that the complaint amounted to perjury but considering that the accused was now taking care of his wife and children and did not want any action against her, she was let off with warning.”The accused does not want any action against his wife. Also, the complainant also less than 18 years of age when she was examined in the court. She has to look after her minor child. So, in the interest of justice, I do not propose to take any criminal action against her,” the court stated.

Salahuddin’s son sent to 7-day custody

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Syed Shahid Yousuf, son of internationally-wanted terrorist Syed Salahuddin, was on Wednesday sent to seven-day custody for interrogation by the National Investigation Agency (NIA) in connection with a 2011 terror-funding case.”Keeping in view the facts and circumstances of the case and submissions made in the application, to enable the NIA to unearth the criminal conspiracy and link of the accused with prescribed terrorist organisation of the Hizb-ul-Mujahedin, Syed Shahid Yousuf is remanded to police custody till November 1,” District and Sessions Judge Poonam A Bamba said.The investigating agency, in its plea, had sought the custody of Yousuf to unearth the entire criminal conspiracy and establish his link with the prescribed terrorist organisation of the Hizb-ul- Mujahedin (HuM).Yousuf was arrested by the NIA on Tuesday. The application also said that certain telephone calls were intercepted which revealed that a member of the Pakistan-based banned terrorist group HuM was sending huge amount of funds to the terrorists in Jammu and Kashmir through Delhi.The counsel for Yousuf, however, opposed the application and claimed he was falsely implicated in the case.The NIA has claimed that, so far, Yousuf has received a total of nearly Rs 4.5 lakh through eight international wire transfers.The agency has also filed two chargesheets so far against six people including GM Bhat, a close aide of pro-Pakistan separatist Syed Ali Shah Geelani, Mohammed Siddiq Ganai, Ghulam Jeelani Liloo and Farooq Ahmed Dagga.

Delhi court upholds order to try 16-year-old, who shot dead a married couple, as an adult

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has upheld a Juvenile Justice Board order to try a 16-year-old boy, accused of shooting a couple in 2016, as an adult.The court observed that whether a child understands the consequences of an offence he has committed cannot be assessed without considering the “manner” in which it was done.The JJB had on March 27 this year held that there was a need for trial of the juvenile appellant as an adult and sent him to a children’s court for trial in terms of the provisions of the Code of Criminal Procedure.In the appeal against the JJB’s order, the juvenile through his counsel contended that as per Juvenile Justice Model Rules 2016, while making preliminary assessment under the Juvenile Justice Act, a child shall be presumed to be innocent unless proved otherwise, but the Board had completely ignored this principle.It claimed that the facts and circumstances of the case do not meet the parameters laid down in the JJ Act and the Board fell in error by holding that the boy deserved to be tried as an adult.The court, however, said “no doubt, the presumption of innocence of the child has to be maintained but for assessing his ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, the allegations as per the case of prosecution are required to be looked into.”The ability of the child to understand the consequences of the offence cannot be assessed dehors the manner in which the alleged offence was committed,” Additional Sessions Judge Sanjay Garg said.The court also said the previous involvement of the child, if any, also renders assistance in reflecting his mental ability and circumstances.According to the prosecution, the juvenile and his adult accomplice had on November 14, 2016 gone to the house of victims Sanjay Rana and his wife on the pretext of taking a room on rent but shot them dead instead.The juvenile was apprehended by the police on November 21, 2016 and a country-made pistol with six cartridges were recovered from him, it said.It said the juvenile committed the offence as the victims had failed to return the money lent to them by his father for purchase of a plot.Taking note of this, the court said, “Considering the alleged motive behind the commission of the offence and the role attributed to the appellant, the Board rightly came to the conclusion that the appellant should be tried as an adult.The appeal is without merits. The same is accordingly dismissed.”The court also held that the preliminary inquiry conducted by the JJB proved that the boy was above 16 years of age and he had no psychiatric illness or intellectual disability, which meant he was fit to understand the consequences of the offence.”The offence under Section 302 IPC being punishable with imprisonment for more than seven years, falls within the category of ‘heinous offences’ as defined in JJ Act. Thus, the Board rightly proceeded to conduct the preliminary assessment under the act,” it also said.

Judge suffers heart attack in court, dies

According to the High Court’s Registrar General Office, Judge Jujara, in his ealry forties, complained of severe chest pain at around 5 pm <!– /11440465/Dna_Article_Middle_300x250_BTF –>In a tragic incident, Una Taluka’s Civil Sessions Court’s Principal Sessions Judge AU Jujara suffered a severe heart attack while he was hearing case on Wednesday. He was immediately rushed to Una government hospital for treatment, where the doctor on duty declared him brought dead.According to the High Court’s Registrar General Office, Judge Jujara, in his ealry forties, complained of severe chest pain at around 5 pm. The court staff immediately called an ambulance and he was rushed to the government hospital. Jujara had been serving as a judicial officer for more than 14 years and had served in Ahmedabad, Vadodara and Padra in the past. He was transferred to Una Court two and a half years ago.Junagadh Bar Association’s president PB Gadhvi said Jujara’s sudden passing was big shock for the legal fraternity, especially given his young age. He added that he had earned the reputation of being a fair upholder of the law in a short span of time.

Need to curb growing political intolerance: Delhi court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has said that there is a need “to curb the growing intolerance among people who value their views more than someone else’s life” thereby observing that such instances reflect the return to “the age of barbarism”.”The need of the hour is to curb such rising intolerance and to award a suitable and adequate sentence commensurate to the gravity of offence,” the court said.The remarks were made by Additional Sessions Judge Lokesh Kumar Sharma while sentencing four persons to three years of rigorous imprisonment for grievously assaulting their neighbours, a man and his son in 2007, over political rivalry.According to the complaint, the convicts were then workers of BJP MP Ramesh Bidhuri.”The case depicts a glaring example of rising intolerance among the natives of this city who, even on trivial issues involving their alleged political faiths, do not even hesitate in attacking their own neighbours with such fury that even if the other side loses life, that would hardly matter to them.A person, in a democratic set up like India, is free to follow any political ideology, but it does not give him a right to force others to succumb to his mandate,” the judge said.Vijay Kumar, Rishi Pal, a government servant, Ashok, and Satbir were awarded the sentence after they were found guilty under sections 308 (attempt to commit culpable homicide), 325 (causing grave injuries) and 323 (voluntarily causing hurt) of the IPC.According to the prosecution, on August 4, 2007, Raju, the victim, was attacked by the four accused with sticks and swords with a motive to kill him.The incident took place in the Tughlakabad area of south Delhi near the victim’s residence; his son Nilesh had fractured his thigh. Raju and his son were taken to AIIMS Trauma Centre in an unconscious state following which they lodged a complaint.The court, while convicting the accused, said that people do not value neighbours who are considered to be more precious than relatives.

Need to curb rising intolerance over political views: Delhi Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The need of the hour is to curb the growing intolerance among people who value their views more than someone else’s life, a Delhi court has said, observing that such instances reflected a return to “the age of barbarism”.It sent four men, including a government servant, to three years of rigorous imprisonment for grievously assaulting their neighbours, a man and his son in 2007, over political rivalry. The convicts were allegedly then workers of BJP MP Ramesh Bidhuri, according to the complaint.”The case depicts a glaring example of rising intolerance among the natives of this city who, even on trivial issues involving their alleged political faiths, do not even hesitate in attacking their own neighbours with such fury that even if the other side loses life, that would hardly matter to them.”A person in a democratic set up like India is free to follow any political ideology, but it does not give him a right to force others to succumb to his mandate,” Additional Sessions Judge Lokesh Kumar Sharma said.Convicts Vijay Kumar, Rishi Pal, a government servant, Ashok and Satbir were sent behind bars for offences under sections 308 (attempt to commit culpable homicide), 325 (causing grave injuries) and 323 (voluntarily causing hurt) of the IPC.”The need of the hour is to curb such rising intolerance and to award a suitable and adequate sentence commensurate to the gravity of offence,” the court said.According to the prosecution, on August 4, 2007, the four accused grievously injured victim Raju, who was their neighbour, by attacking him with sticks and sword on his head, in order to kill him.In the incident, which took place in the Tughlakabad area of south Delhi near the victim’s residence, his son Nilesh was also seriously injured with a fracture in his thigh.Raju and his son were taken to AIIMS Trauma Centre in an unconscious state. They later lodged the complaint in the hospital, alleging that the accused were the political workers of the BJP leader.The court, while relying on the victim’s testimony, held them all guilty and said people do not value neighbours who are considered to be more precious than relatives.”Neighbours are considered to be more precious than the relatives because, in the event of any emergency, it is the neighbours upon whom a person could fall back for assistance and not on the distant relatives.”However, with rise of a materialistic society, somehow, we are deviating from our ancient culture, ethics, and moralities and are returning to the age of barbarism as was prevalent in the primitive society,” it said.During the proceedings, the accused had denied the allegations and claimed they were falsely implicated by the complainant.

Naroda Patiya case: Amit Shah to appear as defence witness for Maya Kodnani at Ahmedabad court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>BJP President Amit Shah is going to appear at Ahmedabad Sessions Court on Monday to appear as a defence witness for Maya Kodnani in the Naroda Patiyacase. The BJP president is set to reach Ahmedabad City Civil and Session Court at the old HC campus at 11 AM to present himself as a witness.He had been asked by special court Judge PB Desai who had also made it clear it will not re-issue the summons if he failed to appear. On two previous occasions, Kodnani had failed to furnish the address to which the summons was to be issued.Stating she was not present in the spot on February 28, 2002, the day the massacre took place, Kodnani claimed she had attended the assembly session before going to Sola civil hospital, where Amit Shah was also present. Kodnani is seeking Shah’s testimony to prove her innocence.Eleven people were killed in the Naroda Gam and Patiya massacre on February 28, a day after 59 persons were killed in the Godhra train carnage. Kodnani is sentenced to 28 years in jail in the Naroda Patiya massacre case. She is presently out on bail on health grounds.

Delhi court gives man seven years RI for raping woman

<!– /11440465/Dna_Article_Middle_300x250_BTF –>”The Courts are alive to the social realities of Indian society where the women find it very difficult to come out of the closet and report such matters to police for fear of humiliation, a Delhi court said while convicting a man to seven years of imprisonment for raping a woman.An FIR was registered on November 26, 2014 by the victim aged 20 that she was raped by the convict on pretext of getting her husband released from jail. The victim’s husband was in jail in connection with a theft case.”It is not hard to imagine the pitiable plight of a woman who is burdened with responsibility of running the household with two minor daughters. When such a woman is raped, she will take more than usual time to come to terms with the mental and physical trauma before gathering courage to fight out the accused. It is quite difficult for a woman to broach such a topic with anyone, be it her husband or her parents,” the court said.Additional Sessions Judge Sanjiv Jain also imposed a fine of Rs 15,000 on the convict failing which he would have to undergo simple imprisonment for six months.The court made the observations while deciding whether the delay in registering the case is not fatal in the judgment.On November 20, 2014, the accused told the victim to accompany him to Saket court for her husband’s case. But there was no date of hearing on that date. Thereafter he took her to a room on the false assurance of making her meet a lawyer. Following this he committed rape on the victim and threatened her of dire consequences if she disclosed the incident to anyone.Two to three days later he again told the victim to come along to Tihar Jail to meet her husband but by the time they reached, the husband was already gone. The victim smelt it fishy when the accused started taking her from the same. She somehow escaped from him and came home.The accused denied all the allegations stating that he was falsely implicated.The court, however, said that there were no inconsistencies of the victim thereby adding that rape is the worst form of woman’s oppression.”A forcible sexual assault brings in humiliation, feeling of disgust, tremendous embarrassment, sense of shame, trauma and lifelong emotional scar to a victim. The stigma that attaches to the victim of rape in Indian society ordinarily rules out the leveling of false accusations,” the court said while citing another judgment.The court also directed the Delhi State Legal Service Authority (DSLA) to compensate the victim under relevant sections of the law.

Brit national sent to 14-day custody for sexually assaulting blind minors

<!– /11440465/Dna_Article_Middle_300x250_BTF –> A British national was sent to 14-day judicial custody in a case of alleged sexual assault on three visually-impaired minor inmates of the National Association for the Blind (NAB) in south Delhi.Additional Sessions Judge Ruby Alka Gupta sent the 54- year-old accused, Murray Denis Ward, to jail after Delhi Police said his further custodial interrogation was not required.The police said Ward had been associated with NAB as a regular donor for almost nine years and was a frequent visitor to the institute.He was arrested for allegedly inappropriately touching three NAB inmates on September 2, police said.Ward, a native of Gloucestershire in the United Kingdom, had been working with Sterlite Technology Limited in Gurugram till April.He had suffered a paralytic attack in February and has been under treatment since then. He was staying alone here while his family is in the UK. Police suspect that he is a paedophile.

Life imprisonment for software engineer accused of wife’s cold-blooder murder

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A court here on Friday sentenced a software engineer to life imprisonment after holding him guilty of murdering his wife in cold blood seven years ago and keeping her body in a deep freezer for months after chopping it into pieces.Additional District and Sessions Judge Vinod Kumar, who had convicted Rajesh Gulati on Thursday for murder and concealing evidence under the Indian Penal Code (IPC) for murdering his wife Anupama, pronounced the quantum of punishment in a packed court room sentencing him to life in prison.The court also imposed a fine of Rs 15 lakh on Gulati, district prosecution counsel D P Raturi said. Out of a total fine of Rs 15 lakh, Rs 14.30 lakh will be invested in a fixed deposit to meet the educational expenses of his minor children from his murdered spouse and the remaining Rs 70,000 will be deposited in the state exchequer, Raturi said. Before the sentence was pronounced, the prosecution contended that the case be treated as a rarest of rare and Gulati be given the harshest punishment which could give a positive message to the society. However, Gulati’s lawyers pleaded that he should not be given death sentence, a provision which had been done away with by as many as 139 countries across the world. Moreover, the convict’s conduct during the last seven years in prison during the trial period was also good, they said which closing the defence arguments.The murder was committed seven years ago with gory details of the case capturing media attention. Joint Director (law) J S Bisht said the arguments in the case were concluded on August 18 and the verdict was based on the examination of around 40 witnesses during the prolonged trial.The sensational murder had come to light on December 11, 2010 about two months after it was committed when Anupama’s brother went to inquire about her at the couple’s residence in Prakash Nagar colony in the cantonment area after failing to talk to her for many days.When Gulati resisted his entry into the house and refused to tell him anything about Anupama’s whereabouts, he reported the matter to the police. Gulati had even tried to mislead the police by feigning ignorance about the woman’s whereabouts, but when they found a deep freezer kept under locks in the house their suspicion deepened.When it was unlocked some pieces of Anupama’s body were recovered, according to the prosecution.It also came to light that Gulati had thrown some pieces of the corpse into a drain on Mussoorie road after packing them into polythin bags.According to the prosecution, the couple often had altercations over an alleged relationship Gulati was having outside his marriage with Anupama.During one such fight on October 17, 2010 Anupama fell unconscious after hitting her head against the bed. He then strangulated her with the help of a pillow.The next day he bought a deep freezer and hid her body in it. Later, he chopped the body into pieces and kept throwing them into a drain on Mussoorie road in instalments.However, the matter was reported to the police before he could dispose of all the parts of the chopped body.When the twin children inquired about their mother, he told them that she had gone to their grandmother’s place in Delhi.Originally from Delhi, Gulati had shifted to Dehradun in 2008.

Jama Masjid blast case: Court frames charges against Indian Mujahideen’s Yasin Bhatkal, 8 others

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court on Tuesday put Indian Mujahideen (IM) operative Yasin Bhatkal and eight others on trial in two cases relating to the 2010 Jama Masjid blast.Additional Sessions Judge Sidharth Sharma said there was enough evidence against them and framed the charges.The accused persons pleaded not guilty and claimed trial.The court issued production warrant against accused Azaz Saikh, who could not be produced from a Mumbai jail where he is lodged.Besides Bhatkal, those who were put on trial include Gauhar Aziz Khomani, Gayur Ahmad Jamali, Mohd Adil, Mohd Irshad Khan, Mohd Aftab Alam, Kamal, Assadullah Akhtar and Zia-ur-Rehman.Another accused Modh Qateel Siddiqui died during the pendency of the case, advocate M S Khan, who appeared for the accused, said.The police had earlier filed charge sheet against eleven suspected IM members in connection with the blast case, alleging that they had carried out the strike to deter foreign nations from participating in the 2010 Delhi Commonwealth Games.A bomb fitted in a car had exploded near the historic Jama Masjid here on September 19, 2010, soon after two suspected IM operatives had opened fire at a bus from which foreign tourists were descending near a gate of the mosque.Two Taiwanese tourists had sustained bullet injuries in the firing incident for which a separate case was lodged.Two separate cases were filed in this regard. While the first was about the blast, the second one was on the firing incident.The police had earlier said that the IM operatives had planned that foreign tourists found near Jama Masjid would be randomly shot at and a bomb blast would be executed there for maximum casualty.It had alleged that Bhatkal had prepared a pressure cooker fitted with improvised explosive device, which was planted in the car parked outside the mosque.

BMW hit-and-run: HC extends bail for accused

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High court on Friday extended the bail of 2008 hit and run convict Utsav Bhasin granted by a sessions court. Justice Sangeeta Dhingra Sehgal extended the bail till September 7 on the same terms and conditions of the trial court.Appearing for Bhasin, his counsel, senior advocate Siddharth Luthra said that they have already given a cheque of Rs 35 lakh to the deceased’s family after they said that they do not want to take the case further.However, the court noted that nothing as such has been submitted in the court or has been put on record in the court.”No such submission was given in the court and neither has anything as such taken on record,” the court observed. Following this, the advocate Luthra said they would like to take the statement given by the deceased’s family on record.Meanwhile, Mrigank Shrivastava, the injured in the case, was offered a cheque of Rs 2 lakh as directed by the trial court. However, his counsel Pankaj Shrivastava, refused to take the amount stating that he would need to consult his client before accepting the cheque.Speaking to DNA, Mrigank said that he would file an appeal for the enhancement of the amount.”I did not accept the amount because I would file an appeal for the enhancement of the compensation given to me. I have suffered a lot, both physically and mentally and this amount would not be sufficient to match the money which I have spent in the last so many years,” he said.The sessions court had on July 15 sent Bhasin to two years in jail, for mowing down the motorcyclist with his over-speeding BMW car in 2008 while observing that cow killers get more stringent punishment than errant drivers.”Sentence for killing cow is five or seven or 14 years in different states but in case of death of a human being caused by rash or negligent driving, sentence prescribed in law is only 2 years,” Additional Sessions Judge Sanjeev Kumar had said.The court had also granted him a statutory bail for enabling him to file an appeal in the high court and asked him to furnish a bail bond of Rs 50,000 with a surety of like amount.The court had while convicting him dropped the charges of 304(II) (culpable homicide not amounting to murder) of the IPC.

I am wedded to my uniform: Lt Col Prasad Shrikant Purohit

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Heaping praise on the Army for supporting him, and eager to don his uniform once again, 2008 Malegaon blast accused Lt Col Prasad Shrikant Purohit on Tuesday said at the Sessions Court in Mumbai that, “My organisation does not get affected by the ripples of society. I have full faith in the Army and they have always been with me. I don’t blame my government. It was my destiny.” Asked whether he was excited to return to work, he said, “I want to wear my uniform. It is the outermost layer of my skin. I am wedded to it. I am very happy to get back into the service of the best organisation in the country, if not the world.”Purohit said that the first thing he would do upon his return to his home in Pune was savour food cooked by his mother. “I love my wife, who has slogged for so many years,” he said, talking about future plans. “I already have one dog, and am planning to get two more and stay at home with them. We will also celebrate Ganpati at home. My elder son is studying engineering and the younger one is 12 years old. I wish my younger son gets into the Infantry as we are a family of faujis, and I hope the legacy continues.”The Sessions Court in Mumbai issued Purohit’s release order on Tuesday, after the Supreme Court ordered his release on bail. At the time of this report going to press, final formalities for his release were being completed at Tolaja Jail.”In the Army, we are taught to have faith in ourselves, the command, commander and our organisation,” continued Purohit. “The Army did not let me down. It has never been in the tradition or ethos of the Army to let anybody down. Never even once did I feel that I was out of the Army.”He added that he was yet to receive orders about which unit he would join on his return.

Kashmiri biz man sent to 10-day NIA custody

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court on Friday sent Kashmiri businessman Zahoor Watali to 10-day NIA custody for interrogation after he was arrested by the investigating agency for allegedly collecting money from Pakistani-based terror organisations for Hurriyat leaders.Additional District and Sessions Judge Poonam A Bamba agreed for the custody after it contended that the accused has to be confronted with evidence in which Altaf Ahmed Shah, the son-in-law of Hurriyat leader Syed Ali Shah Geelani, and six others were earlier arrested by the agency.During the in-camera proceedings , the judge said that it was the considered opinion of that ends of justice would be met by granting the custody to the agency.According to sources, the probe agency said that it had found various suspicious documents from the accused during the searches, including details of bank accounts and cash received by him from various terror outfits.Senior advocate Sidharth Luthra, appearing for the agency, sought his custody for two weeks.Watali was arrested on Thursday by the agency for alleged involvement in the case. Earlier, the agency had carried out raids at his premises and that of other suspects.

Man gets 6-mth jail for kidnapping minor wife from lawful

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A court here has sentenced a man to six months in prison for kidnapping his 17-year-old wife from her lawful guardianship. Additional Sessions Judge Shivani Jaiswal awarded the jail term to Abdul Navi last week for kidnapping the minor from her lawful guardians, District Government Counsel Chaman Prakash Sharma said today. The court, however, acquitted Navi of the charge of kidnapping the girl to compel her to marry him, he added. According to the prosecution, the accused had married the girl in 2015 with her consent. On February 3, 2015, a complaint was lodged at the Bisrakh police station by Ram Ratan, the father of the girl, alleging that his daughter had gone missing under mysterious circumstances. On April 7, 2015, the police altered the charges in the FIR to IPC sections 363 (punishment for kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her marriage). On May 27 this year, the police recovered the girl and subsequently, the charge sheet in the case was submitted. The counsel of the accused told the court that the girl had gone with him of her own will but admitted that she was below 18 years of age at that time. The girl told the court that her date of birth, as per her high school records, was June 23, 1997 and hence, she was 17 years of age on February 1, 2015, when she had gone with the accused, who was known to her. She added that she had gone from her house to the Sarai Kale Khan inter-state bus terminus in Delhi of her own will and called the accused, asking him to come there. The accused took her to Harola village at Noida from the bus terminus, the girl told the court and added that subsequently, the two got married and were living as husband and wife since then. Observing that the consent of a minor was immaterial, the court held the accused guilty under section 361, IPC (kidnapping a minor from lawful guardianship) and sentenced him to six months in prison.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Court refuses to release rash driver on probation

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Expressing concern about the rising number of road accidents in the city, a Delhi court has refused to release on probation a man convicted for rash driving. The court, however, decreased the quantum of the sentence, stating that the victim was also negligent and was not wearing a helmet.Convict Gurbax Singh, a taxi driver, had challenged his sentence of two years, given for hitting a scooter from behind. The scooter rider, Sushil Chand Bhardwaj, had died in the accident, which took place on June 1, 2009, near the Karkardooma Court red light. Singh’s car hit Bhardwaj’s two wheeler, injuring him severely. Bhardwaj later succumbed to his wounds.As per the modified order, Singh was sentenced to one-year imprisonment and the fine imposed was also decreased to Rs 50,000. Singh had been convicted under Sections 279 (rash and negligent driving) and 304A (death due to negligence) of the Indian Penal Code (IPC).The counsel appearing for Singh contended that there was nothing on record to suggest that the vehicle was being driven in a rash or negligent manner.While delivering the order, the court observed that the trial court did not call for the Probation Officer’s report or the Victim Impact Report. Even after the perusal of both reports, however, Additional Sessions Judge Sanjeev Kumar Malhotra did not grant probation to the convict.”Keeping in view the rising trend in accidents and the fact that the appellant had hit the scooter driven by the deceased from behind, I am not inclined to grant benefit of probation to the appellant,” the judge said in the order.The court, however, modified the Metropolitan Magistrate’s order and reduced the sentence to one year, keeping in view the fact that “there is no evidence that the deceased was wearing helmet at the time of the incident”.REDUCED SENTENCEThe court has modified the Metropolitan Magistrate’s order and reduced the sentence to one year, keeping in view that “there is no evidence that the deceased was wearing helmet at the time of the incident”

Rapist degrades soul of helpless woman: court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Rape is not merely a physical assault but also degrades the soul of a helpless female, a Delhi court has observed while sentencing a man to seven years rigorous imprisonment for raping his sister-in-law. The court handed down the jail term to the 33-year-old man, a south east Delhi resident, while holding him guilty of the offences of rape and sexual assault under the IPC and also imposed a fine of Rs 20,000 on him which shall be given to the victim. “Rape is not merely a physical assault, it is destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female,” Additional Sessions Judge Sanjiv Jain said while referring to a Supreme Court observation in a rape case. The court relied on the victim’s testimony that the man, who was her cousin’s husband, raped her on the night of March 26, 2016 and rejected the man’s claim that he was falsely implicated by the victim. “Ours is a conservative society and, therefore, a woman and more so a young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assault,” it said. The court observed that sexual assault brings feeling of disgust, humiliation, tremendous embarrassment, sense of shame and trauma to a victim. “It is, therefore, most unlikely of a woman, and more so by a young woman, roping in somebody falsely in the crime of sexual assault,” it said. It relied on her statement that she made the complaint three days later when the man again came to rape her at her house as she was “scared”. “Since the prosecutrix was scared of the accused and was alone in Delhi, she did not make the complaint. When the accused tried to repeat the incident, she called the police. Nothing can be inferred from her testimony that it is a case of false implication of the accused,” the court said. According to the prosecution, the victim had gone to her cousin’s house in New Friends Colony here as her parents had gone to their native village for a few days. While she was sleeping in their house on the night of March 26, 2016, her brother-in-law, a rickshaw puller, raped and threatened her. She did not complain to anyone as she was scared, it said, adding that when the man came again after three days to rape her, she did not open the door and informed the police immediately. The defence counsel sought leniency for the convict, saying he has to support his family and has no criminal antecedents.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Suspected Al-Qaeda terrorist sent to 14-day police custody

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Suspected Al-Qaeda terrorist Zeeshan Ali, deported to India from Saudi Arabia last evening, was today sent to police custody for two weeks in a case of alleged conspiracy, making provocative speeches to recruit Indian youths and establishing a base for the terror outfit. Additional Sessions Judge Sidharth Singh remanded the accused in custody for a fortnight after the special cell of Delhi police said he was required for interrogation. Ali’s name, along with that of 11 others, was disclosed by Syed Anzar Shah and four others — Mohd Asif, Zafar Masood, Mohd Abdul Rehman and Abdul Sami — arrested in the case earlier. The probe agency sought his 20-day custody saying he was required to be taken to various places as part of the probe. The plea was, however, opposed by advocate M S Khan, appearing for the accused. The Delhi Police’s Special Cell had yesterday arrested Ali whom they were searching for over a year, ever since three alleged AQIS (Al-Qaeda in the Indian Subcontinent) operatives were arrested in 2015.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

No specific proof of my involvement in murder case: Gurung

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Gorkha Janmukti Morcha (GJM) chief Bimal Gurung today claimed in a city court that the CBI has not been able to provide any specific proof of his involvement in the murder of All India Gorkha League chief Madan Tamang. Gurung’s counsel Milan Mukherjee submitted before Chief Sessions Judge Kundan Kumar Kumai that specific proof has to be provided by the prosecutor even for framing of charges against an accused. Hearing in the matter was adjourned for the day and would resume tomorrow. The city sessions court is hearing arguments for framing of charges against 46 accused for criminal conspiracy and murder of Tamang. Mukherjee dismissed as was baseless the prosecution’s claim that Gurung had along with other GJM leaders conspired to kill Tamang. He claimed that the CBI has not been able to provide any proof. “The CBI has claimed that Kalia, who had allegedly attacked Tamang with a sharp weapon, was Gurung’s bodyguard. But just being seen beside him at some public rallies does not mean he was the bodyguard, he can be a party supporter,” Mukherjee submitted. Gurung and some other GJM leaders accused in the murder were allegedly in Kalimpong when Tamang was killed in Darjeeling on May 21, 2010. According to Mukherjee, though it has been claimed that mobile phones of some leaders including Gurung were under surveillance, the prosecutors have not submitted any transcript of alleged conversations among them to prove that they had conspired to get Tamang killed. Claiming that five years of investigation by the premier agency has produced only hypothesis and unsubstantiated allegations, Mukherjee prayed that it is a case of no-evidence against Gurung and some others whom he represented. The CBI has prayed for framing of charges against the accused, among whom are the top brass of the GJM, including its president Bimal Gurung, his wife and GJM women’s wing chief Asha, Roshan Giri, Col (retd) Ramesh Alley, former MLA Harka Bahadur Chetri, Binay Tamang and Rabin Subba. The CBI has claimed that the murder was a premeditated one to prevent any other political party from holding meetings or rallies in Darjeeling hills, where GJM held sway through coercive measures. Tamang was attacked with sharp weapons when he was overseeing preparations for a public meeting at Clubside in the heart of Darjeeling town on May 21, 2010 and was declared brought dead at the sadar hospital there.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

3 get 5 years in jail for two robberies on same night

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has sentenced three persons to five years of rigorous imprisonment for robbing a man of cash, valuables, and cards at knifepoint. The court did not show any leniency as the convicts committed two robberies on the same night.”Considering that the convicts committed two robberies on the same night, resulting into injuries to the victims, I am of the considered view that they do not deserve any leniency,” Additional Sessions Judge Sukhvinder Kaur said. She also imposed a fine of Rs 2,000 on each convict, with an additional three months imprisonment in default of the payment of fine.The incident took place on the intervening night of December 15 and 16, 2012, when the victim, Saurabh, was going towards GTB Nagar from Netaji Subash Nagar by an auto. When he reached near the old tempo stand, he saw four-five people consuming liquor. Then one of the miscreants, Naresh aka Pappu Pager, caught hold of him from behind and put a knife on his neck, asking him to hand over the Rs 500 that he had just withdrawn from an ATM.The other two accused, Pradeep and Gaurav, also joined Pappu and took all his belongings, including two mobiles, wrist watch, ATM cards, PAN card, and debit cards. The accused then fled from the spot before the victim raised an alarm.The police officers then met an auto driver, Hritvik, on the same road, who informed them that three persons were robbing a man at knifepoint outside an ATM. Pappu was arrested from the spot, while Pradeep and Gaurav were arrested later.The stolen belongings were seized from the possession of the accused.The court held that there was no inconsistency in the testimony in respect to the robbery committed by the accused. The judge held them guilty under Section 392 (attempt to commit robbery), 394 (voluntarily causing hurt in committing robbery), and 34 of the Indian Penal Code (IPC).In addition, the court also sentenced Pappu under Section 397 for attempting to cause robbery, or dacoity, with an attempt to cause death or grievous hurt with a fine of Rs 3,000.

No bail for Kerala Congress MLA

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Kerala court today dismissed the bail plea of Congress MLA M Vincent, who was arrested for allegedly raping and stalking a woman here. The order was issued by the Thiruvananthapuram District and Sessions court judge. Accepting the prosecution plea that witnesses and the alleged victim would be influenced if the accused was granted bail, the court turned down Vincent’s plea. Vincent, whose bail plea had earlier been rejected by the Neyantinakara magistrate court, stated in his application that the case was politically motivated and intended to insult him. The incident came to light on July 19 after the 51-year- old victim attempted suicide by consuming an overdose of pills and her husband filed a police complaint against the MLA, alleging that he used to repeatedly call her over the phone and harass her. Vincent, representing Kovalam constituency, was booked for alleged rape, stalking and abetment to suicide and arrested on July 22.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

23 years later, trio sentenced for smuggling US currency

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Sessions court presided over by judge RG Wankhede rejected an appeal filed by one of the diamond traders from Walkeshwar, along with two other men, who pleaded the court to reject orders passed by the Magistrate court in a smuggling case of Rs 1.24 crore in US dollars.The session’s court while rejecting the appeal held that the prosecution had established the charges which were levelled against the three. The magistrate court has sentenced the trio to one month of rigorous imprisonment along with a fine of Rs 2,000 each.The court in its orders held, “It is clear from the evidence as well as the statement of Ajit Dodia, an accused, was carrying a suit case and a brief case. The statement has made it clear that he was in possession of US dollars 89,26,000 as well as a currency declaration form (CDF). The contention of the accused that the foreign currency and declaration belonged to Chandrasen Jhaveri cannot be accepted because the accused has failed to establish this fact. The evidence on record further made it clear that there is no proper permission from the RBI to carry the currency physically or in baggage.”On July 26, 1993, Dodia was intercepted by the customs authorities at the Sahar Airport, with US currency. He revealed that he was travelling to Hong Kong and was carrying the money on behalf of Jhaveri, the owner of Gem Exim Corporation in Walkeshwar.

Salman to appear in Jodh court today

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Accused under the arms act, actor Salman Khan will appear at Jodhpur court on Friday.The Bollywood star alleged to have illegally possessed firearms beyond expiry of their license, was to appear before the court on July 6, however, was granted excuse on security grounds. He is now scheduled to appear in person on Friday. Khan was previously acquitted in the case by Jodhpur CJM court in January this year,however, the state government had appealed against the decision. Though, the hearing of the case is under District and Sessions court Jodhpur, the hearing on Friday will be held at the ADJ court. A case has been registered under sections 3/25 and 3/27 after police recovered a .22 rifle and .32 revolver from his room while he was shooting for a movie in Rajasthan during 1998.The police had searched his room following allegations of poaching of endangered black bucks. As both the weapons were discovered to have passed the duration of license issued, a case was subsequently registered against him in addition to the three cases of black buck poaching. He had been acquitted in two poaching cases by the high court after being previously convicted for the same by lower court. The defense has maintained that the actor is being falsely framed in the cases.

Separatist in talks with Pak anti-nationals: ED

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Separatist leader Shabbir Shah is still in contact with anti-national elements residing in Pakistan, in the garb of the Kashmir issue and has received funds to disrupt peace in the Valley, the Enforcement Directorate (ED) has informed a Delhi court on Wednesday while demanding to extend the remand of the Hurriyat leader.”Investigations revealed that Shah received various hawala consignments for disrupting the peace process in Jammu and Kashmir. He is in contact with Tehreek-e-Hurriyat,” the ED said in the court demanding seven days custody of the separatist.Additional Sessions Judge Rakesh Pandit, however, extended the remand for one day in a decade-old case of money laundering registered under the Prevention for Money Laundering Act (PMLA).The agency also claimed that Shah, during his statement under PMLA revealed that he is obtaining donations for the Kashmir issue in cash for which he is not filing any returns. The ED said that ‘the records related to the donations received by the accused has to be recovered and confronted with’.Shah was arrested on July 25 and produced in the court where the ED put a plea to extend the custody. However, appearing for the accused, his counsel MS Khan opposed the plea.The plea also said that sleuths of the probe agency should extend the remand stating that they want to know the source of the hawala transfers and ascertain the further dissemination of the funds.Summons were sent to Shah pursuant to a case of August 2005 wherein the Special Cell of Delhi police had arrested alleged Hawala dealer Mohammad Aslam Wani who had claimed that he had passed on Rs2.25 crore to Shah.Following this, the ED had registered a case against both Shah and Wani under relevant sections of PMLA.Earlier the court had remanded Shah to seven days custody following his arrest for continuously failing to appear to the ED summons.

Fabrication of evidence serious offence: SC in post-Godhra

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A high-voltage hearing was today witnessed in a case of alleged fabrication of evidence in a 2002 post-Godhra riot case in the Supreme Court which asked a volley of questions to social activist Teesta Setalvad for opposing a probe against her former aide Rais Khan Pathan. The apex court was hearing the appeal filed by Setalvad and her NGO, Citizen for Justice and Peace (CJP), against a decision of the Gujarat High Court upholding a magisterial court order for a probe against Pathan. “It is a serious offence whosoever has done it. Either they (Setalvad and her NGO, Citizen for Justice and Peace) are wrong or Pathan is wrong. We will look into it,” a bench of justices Arun Mishra and Amitava Roy said. Senior advocate Kapil Sibal, appearing for Setalvad, questioned the procedure adopted for continuing with the probe against Pathan when his petition to become a court witness was dismissed. However, Additional Solicitor General Tushar Mehta and senior advocate Mahesh Jethmalani, appearing for the Gujarat government and Pathan respectively, said Setalvad and her NGO have no locus standi in the criminal case as they were not parties to the matter either in the high court or the trial court. After hearing the matter partly, the bench posted it for hearing to August 21, saying it would examine the matter on the question of law. It refused to grant four weeks to Setalvad to keep ready the compilations, brief notes and synopsis of the matter. When Sibal sought more time, the bench said it will “vacate the stay on the high court order and allow the investigation to continue and list the matter after six months”. At the outset, the bench wanted to know from Sibal about Pathan who had fallen out of favour with Setalvad. She had fired him from her NGO where he had worked for six years from 2002. The senior advocate, who replied to a volley of questions from the bench, said he was a field worker in the NGO, but after his ouster he has been filing applications in various riots cases with a political motive in mind. The apex court had on September 2, 2011 stayed the high court’s order giving a green signal for an investigation against Pathan for allegedly fabricating evidence in the Naroda Gam riots case. During the trial in the case, the additional sessions judge had on December 3, 2010 rejected the application of Pathan seeking to be examined as a court or prosecution witness to “prove that some of the witnesses and victims had falsely implicated him in fabricating the evidence”. He had said he would be an important link to throw light on how the victims and witnesses were tutored, cheated and made to sign false affidavits by Setalvad in the name of “interest of community”. However, the sessions court had directed and authorised the registrar, City Civil and Sessions Court, Ahmedabad to make a complaint in writing for the offences under the Indian Penal Code (IPC) against Pathan and others. These relate to false evidence, giving or fabricating false evidence with the intent to procure conviction of capital offence or imprisonment for life or imprisonment for seven years or upwards and using as true such declaration knowing it to be false among others. Thereafter, the registrar filed a criminal case/complaint against Pathan and others in metropolitan magistrate court in Ahmedabad which on January 10, 2011 directed the assistant commissioner of police, Ahmedabad to inquire and investigate the matter and submit a report. The order was challenged before the high court which on July 11, 2011 declined to interfere with the police investigation, but observed and clarified that “basically the aforesaid police investigation would be with respect to unnamed accused persons who are yet to be traced and whose names are yet to be disclosed during the course of investigation”. Pathan had not challenged any of the findings and observations made against him that a prima facie case was made out for the various offences under the IPC. The trial in the Naroda Gam case is at the final stage.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Court upholds maintenance for mentally abused wife

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Hearing the case of a restaurateur’s wife, who had filed a case of mental harassment against her husband, one of her sons and his wife, the Sessions court has upheld a magistrate court order directing that monthly maintenance be paid to the woman after the court found substance in her complaint.Dharmvati Gupta, 50, wife of restaurateur Devkinandan Gupta, 56, alleged that he assaulted her on several occasions, which forced her to lodge eight non-cognisable complaints against him with the Tardeo police station.In 2016, an FIR was filed based on a complaint by her against three members of her family, alleging that they had ganged up against her and harassed her mentally and physically. After going through the complaint, the Girgaum Metropolitan Magistrate had in 2016 directed the accused to provide her a monthly maintenance of Rs 25,000. She had challenged the order claiming that the amount was too little, and pleaded the Sessions court to order the accused to raise the amount to Rs 1 lakh.When the court asked the accused to file their reply, they claimed that the entire case was false and that fake allegations had been levelled against the three.According to the Sessions court order issued on Friday, the accused’s lawyer had alleged that the complainant was suffering from Schizophrenia and had a history of aggressive behaviour. She also suffered problems of thyroid, blood pressure and sugar. Stating that the accused was ready to stay with his wife, the lawyer prayed the court to dismiss the trial court’s order of granting interim relief to her.Advocate Nagi H H and advocate Chaula Solanki, appeared on behalf of Dharmavati. Nagi alleged, “Problems arose after 27 years of marriage when Dharmavati discovered that her husband was having an extra-marital affair. Devkinandan, his son Krashank and his daughter-in-law Vaishnavi, had ganged up against this lady and were harassing her. It is learnt that even the house helps were allegedly asked not to speak with her, thus alienating her in the house.”Rejecting the accused’s plea, the court held, “As per the lady, she was physically and mentally harassed by three members of her own family. She pointed out that the incident happened in October 2012 and April 2013. It is on record that numerous complaints have been given by the lady against the accused with the Tardeo police station. A complaint was filed under Domestic Violence Act previously in 2013 which was dismissed. These pleadings and complaints to the police are prima facie sufficient to prove that there was domestic violence.”The court, however, rejected the lady’s plea of raising the monthly maintenance, claiming that the lower court had considered minimum basic needs of a person while deciding the amount.

Fest stampede: Court discharges Ramjas College ex-principal

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A city court has discharged a former principal of a Delhi University college of the charges of endangering the life of a student, who was injured in a stampede due to his decision to open the main gate for a festival. The sessions court set aside a magisterial court’s order framing charges against the then Ramjas College principal, Rajender Prasad, for alleged offences of endangering life and personal safety of others and causing grievous hurt by such an act under the IPC. Additional Sessions Judge Narinder Kumar said when the principal noticed a crowd of students on the road, grappling with each other, he deemed it appropriate to open the main gate to ease their entry in the college. It cannot be said that he was negligent in issuing such directions. The court said it cannot be said that the principal could visualise that the students, who were standing in a queue in front of a smaller gate, would rush towards the main gate, leading to the stampede. “The court does not find any material on record to suggest that it was act of any recklessness on the part of the principal in taking this decision of issuing such directions for opening of the main gate,” it said. The incident took place in February 10, 2012 when Arushi Vashisht, a student of Dyal Singh College along with others had come to attend a fest at Ramjas College. While they were standing in a queue to enter the premises through a smaller gate, the principal directed that the main gate be opened. As a result, the crowd rushed to get inside due to which Vashisht fell down and others walked over her. She became unconscious and was taken to a nearby hospital. An FIR was lodged at Maurice Nagar police station after which the trial court framed charges against Prasad. Prasad had approached the sessions court against the order to frame charges on the ground that no prima facie case was made out against him and contending that there was a delay in recording of the complainant’s statement. The sessions court allowed Prasad’s revision petition and said no prima facie case for the offences was made out against him. “On a perusal of the material available on record, there is absolutely nothing to prima facie show that the incident took place as a result of any rash and negligent act on behalf of the petitioner (Prasad) or that it was the direct or proximate result of any rash and negligent act on his part,” the court said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Rohtak court stays proceedings against Ramdev in ‘beheading

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Rohtak court has stayed proceedings in a case related to alleged remarks made by Baba Ramdev against those refusing to raise the slogan ‘Bharat mata ki jai’. A stay order on further proceedings in a lower court was passed by the court of Additional District and Sessions Judge (ADSJ) Narinder Kaur on a revision petition filed by Ramdev. Senior lawyer Satya Pal Jain appeared before the court yesterday on Ramdev’s behalf. Earlier the court of Additional Chief Judicial Magistrate (ACJM), Rohtak, had in June issued a non-bailable warrant against Ramdev in the case related to remarks made by him last year. The ACJM had fixed August 3 as the next date of hearing in the case. Ramdev had allegedly made the remarks at a ‘Sadbhawana Sammelan’ in Rohtak in April last year. The sammelan was called to promote peace in the Rohtak city that witnessed violence during the Jat quota stir. At the event, he allegedly said that but for the rule of law he would have “beheaded” lakhs of people for refusing to chant ‘Bharat mata ki jai’. On March 2, the Rohtak ACJM had issued summons to Ramdev after a complaint was filed by Congress leader and former Haryana minister Subhash Batra seeking registration of an FIR against the yoga guru. Jain submitted before the ADSJ’s court that the words attributed to Ramdev, which he allegedly uttered in a Sadbhavna rally held in Rohtak on April 3, 2016, “do not amount to committing any offence under any provision of law”. The ADSJ’s Court issued notice to the complainant in the case for September 12 and stayed further proceedings of the lower court, Jain told(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Doctor acquitted in rape case as woman resiles from complaint

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A doctor has been acquitted of charge of raping a woman, whom he had met through a matrimonial website, by a Delhi court after she deposed that the physical relations were established with her consent. The court said no incriminating evidence has come on record against the doctor and absolved him of the charges. “From close scrutiny of testimony of the woman, the star witness of the case, no incriminating evidence has come on record to proceed further. Hence, in these circumstances further trial of the case would not serve any purpose,” Additional Sessions Judge Ramesh Kumar said. A case was lodged in July last year on the woman’s allegation that she came in contact with the man through a matrimonial site and they started communicating over phone. The man, posted in a hospital in Jodhpur, proposed marriage and asked her to meet him in Delhi. In June last year, the man met her and took her to a hotel in Paharganj area in central Delhi where he consumed liquor and forcibly established physical relations with her, the woman had alleged. She alleged that the man refused to marry her after which she lodged a complaint against him. However, the woman changed her stand in the court and deposed that the physical relations were established with her consent. She said the man had neither threatened her nor took her obscene videos or photographs. Asked by the judge as to why she filed the complaint against the man when the physical relations were consensual, the woman said when she reminded him that he had proposed marriage, he sought time for it. She became suspicious of his intentions and thought that he was avoiding her. So she lodged the complaint.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

CrPC provision to recall witness not to plug loopholes: Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The provision of recalling witnesses under the Code of Criminal Procedure (CrPC) cannot be used for plugging loopholes in a case, a Delhi court has said while rejecting a plea to re-examine the alleged victim by the man accused of molesting her. The court made the observation while dismissing the plea of the man, accused of molesting and threatening a woman in 2014, seeking her recall on the ground that during cross- examination, his counsel did not ask her about the previous enmity between her husband and him. The court, while rejecting his plea, also noted that there was a delay in filing the application to seek recalling of the complainant and that her cross-examination was already complete. “In view of the contents of the cross examination of the complainant and delay in filing the application under section 311 of CrPC, the court does not find any ground to allow the revision petition for recalling the complainant for further cross-examination. “The provision under section 311 of CrPC cannot be used for plugging the loopholes, if any,” Additional Sessions Judge Vrinda Kumari said. The court also rejected his submission that due to change in counsel, his petition be allowed. “Change of counsel cannot be a ground to invoke provision of section 311 of CrPC where the previous counsel has already cross examined the witness,” it said. Challenging a February 15 order of a magisterial court rejecting his plea for re-examination of the woman, the accused claimed that there was a property dispute between him and the complainant’s husband which gave rise to this molestation complaint. The woman was not asked about this dispute by his counsel during cross-examination, he claimed while seeking a last and final opportunity to cross-examine the complainant. The court, however, said the cross examination of the complainant “makes it amply clear that counsel for the accused had put suggestions to the complainant that would show a pre- existing dispute between the parties”.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

50% population feels unsafe due to rise in sex crimes: Delhi court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Fifty per cent of the population in the city feels unsafe due to rise in cases of sexual offences against women, a Delhi court has observed while refusing to set aside jail term of a convict in a sexual harassment case.A rise in such cases has led to a feeling of insecurity among people, the court said.”The rise in cases of sexual offences against women and young girls which are increasing day-by-day on public roads and streets in the capital city of India are creating a feeling of being unsafe and insecure in the minds of 50% of the constituents of total population.”A person held guilty for such offences must be dealt in a stern manner and they do not deserve any leniency from the court otherwise, a wrong and negative message shall go to the society and the people instead of deterring themselves from indulging into such acts would rather feel encouraged to do such crimes,” Additional Sessions Judge Lokesh Kumar Sharma said while upholding one year jail term of the convict.According to the complaint, when the woman was walking towards her residence in south east Delhi on January 27, 2013, accused Sunil Kumar hit her, touched her inappropriately and used filthy language.She ran home to her husband and the matter was reported to the police following which the accused was arrested, the prosecution said.The man was sentenced to one year imprisonment by a magisterial court in 2016, which he challenged before the sessions court on the ground that he accidentally touched her.He had claimed the court had wrongly convicted him as there was no independent witness in the case.The sessions judge, however, dismissed his appeal and said, “I do not find any ambiguity, illegality or infirmity in the sentence awarded to the appellant by the then metropolitan magistrate.”

Husband must provide for his wife and child, says court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>”Every able-bodied husband is liable to maintain his wife and children and the husband cannot escape from this liability,” a Delhi court said.The observation was given by Additional Sessions Judge Ramesh Kumar — while deciding the appeal of a man who had challenged the trial court’s order — in the court.The court upheld the trial court’s decision which stated that Banwari Rathore, a driver by profession had to pay Rs 3,000 as maintenance to his wife. Rathore has contended that since his monthly income is Rs 8,000 and he does not have any other source of income, it is very difficult for him to provide Rs 3,000 to his wife as maintenance.However, the judge dismissed his appeal stating that, “looking at the present cost of living in the metropolitan city like Delhi, the order passed by the trial court regarding payment of maintenance to the tune of Rs 3,000 is just and appropriate.””‘Every able-bodied husband is liable to maintain his wife and children and the appellant, in the present case, cannot escape from the said liability,” the judge said in the order dated July 7.Indra Rathore had filed a case against her husband alleging that she was subjected to harassment, humiliation and torture for insufficient dowry.She also claimed that her husband was engaged in an illicit relationship with another woman and despite complaints to the Commissioner of Police and higher authorities, no action was taken.Following this, the trial court awarded her a maintenance of Rs 3,000 in January, 2016. However, unhappy with the court’s decision, Banwari then challenged it in the sessions court stating that the amount was “unaffordable.”The court, while dismissing the appeal, said that the salary figures were filed in the court in 2015 and after two years, “there must have been some increase in the salary of the appellant.”

Pakistani terrorist convicted in connection with 2006 PMLA case

<!– /11440465/Dna_Article_Middle_300x250_BTF –> A Pakistani terrorist was convicted by the Enforcement Directorate (ED) under a 2006 Prevention of Money Laundering Act (PMLA) case by the Principal City Civil and Sessions Judge Shri Basawaraj S. Sappannanavar on Tuesday. The terrorist, Md. Koya, has been sentenced for a seven-year rigorous imprisonment, along with a fine of Rs. 10,000, and in case of no payment of fine, he would undergo imprisonment for another six months. An amount of Rs. 44,174 plus interest accrued, totaling to Rs. 90,470 has also been confiscated. The case dates back to 2006, when on the basis of information that certain terrorists from Pakistan were planning terrorist activities in Karnataka?s Mysore, a police squad kept watch near the High Tension power line at Vijaynagar Ring Road. On October 26, 2006, the state police had apprehended two persons. A police official had stopped the two persons riding on a two-wheeler for inquiry. When enquired about their names, one of the riders informed that they only knew only Hindi, after which, one of the police officers showed his identity card and informed them in Hindi that they have to alight from the vehicle as they had to conduct a search of the persons. Immediately, the pillion rider jumped and took out the rifle from the bag kept on his lap and fired on the police squad. Further, another police squad also joined and overpowered the pillion rider from shooting and apprehended both the persons. It was revealed that they two were illegally residing in Mysore and were active members of the banned Al-Badr organization. They had entered India without any valid travel documents and were in possession of AK 47 rifle, pistol, live bullets without any license, mobile and satellite phones.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Court no to CBI plea for arrest warrant against Gurung, others

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A city court today turned down the CBI’s plea for an arrest warrant against GJM president Bimal Gurung and 21 others who did not appear in court for hearing on framing of charges in the Madan Tamang murder case. Chief Judge, City Sessions Court, Kundan Kumar Kumai refused the CBI’s plea that arrest warrant be issued against the accused persons who did not appear before the court in contravention of the Calcutta High Court order. CBI counsel Arun Bhagat had prayed for arrest warrant against Gurung, his wife Asha and 20 others including senior GJM leaders when they failed to appear before the court yesterday for hearing on framing of charges. The judge fixed the period between August one and four for day-to-day hearings for framing of charge against the accused persons, as also for hearing of discharge petitions filed by those accused in the killing of All India Gorkha League leader Madan Tamang. The judge also directed Bidhanagar Police and Kolkata Police authorities to file reports before the court on allegations that some of the accused were questioned and followed after they left the court premises yesterday. Their counsel Sayan De claimed before the court that some of his clients were questioned and followed by policemen after they left the court premises here and went to Gorkha Bhavan in Bidhannagar, where they were staying for the night. Of the 48 accused in the case against whom CBI has sought framing of charges for the murder of Tamang in the heart of Darjeeling in May 2010, 26 accused were present. The Calcutta High Court had on July 19 asked all the accused, against whom CBI has sought framing of charges, to be present before the court of the chief judge of City Sessions Court. A division bench presided over by acting Chief Justice Nishita Mhatre had directed the trial court to hold day-to-day hearing and conclude framing of charges by August 17. Noting that several accused were not present during the hearing for framing of charges on earlier occasions also, the division bench had directed the CBI to ensure their presence in court. Among the 26 accused present before the court were former GJM MLA Harka Bahadur Chetri, Ramesh Allay and Rabin Subba. Apart from Bimal Gurung, senior GJM leaders Asha Gurung, Roshan Giri, Binay Tamang and Devendra Sharma were among those absent. Those accused who were absent in the court made written prayer before the court seeking to be represented by their lawyers. CBI counsel Arun Bhagat had opposed the prayers, submitting that the high court had expressly ordered their presence before the trial court for the hearing. He sought arrest warrants against them for being absent.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Concerned for students of schools in the hills: CISCE secy

<!– /11440465/Dna_Article_Middle_300x250_BTF –>On the 40th day of the shutdown in the hills, Gerry Arathoon, chief executive and secretary of the Council for Indian School Certificate Examinations expressed concern for students at various schools in the area.Talking to DNA, he said that children were missing classes and there was no way they could make up for this loss. “The sooner this bandh is withdrawn, the better. From our end, what we can do is overlook the rule of minimum days of functioning of school given the present troubled situation,” he said on Monday.He also said that schools would have to curtail their Puja holidays and might also have to work on weekends. “Their winter vacation begins November-end because it would not be possible to hold classes after that due to extreme weather conditions,” Arathoon said.Schools, on the other hand, are exploring various other areas to make up for the lost classes. Authorities of some schools like St Paul’s School (SPS) and Himali Boarding School are looking for alternative places at Siliguri. “We can’t wait till eternity for the bandh to be lifted. We will have to find an alternative for the sake of the boys’ future,” said an official of SPS.Ravindra Kumar Subbah, director, Himali Boarding School said that authorities of the several schools would meet and write to GJM leaders on August 2 regarding the inconveniences and to help reopen the schools. “If a solution is worked out, then fine, or else we will have to find a place to bring the students together and conduct classes. We are already looking at ex-hostels, preparatory schools and colleges and preparing ourselves for the worst. We have about 1,100 students in our school and don’t know how many we will be able to bring to the temporary arrangement at Siliguri. It will be very expensive but, we have no other option,” Subbah said talking to DNA.He also said that the process of getting more heaters for the rooms in the school was also on. “In case school resumes later, we will not like to leave the syllabus unfinished. So we have plans for extra classes for students. Younger ones would not be able to bear the severe cold so their classes would continue only till the second week of December. Students of higher classes might have to come till Christmas and students of X and XII will have to work through the whole winter. We will have to run the geyser round the clock and students will have to follow winter routine,” Subbah added.In another development, CBI which is investigating the murder case of Madan Tamang, prayed before the City Sessions Court on Monday seeking arrest warrants for GJM president Bimal Gurung and 21 others because in spite of a High Court order they failed to appear at the City Sessions Court in connection with the Tamang murder case.Tamang, the then president of All India Gorkha League had been killed in Darjeeling on May 21, 2010. There had been 54 accused in the case of whom four had died and two were missing. Among the 48 others, 26 were present at the court on Monday including ex-GJM MLA Harka Bahadur Chettri.OTHER DVPMENTSCBI, investigating the murder of Madan Tamang, pleaded before the City Sessions Court on Monday seeking arrest warrants for GJM president Bimal Gurung and 21 others. This was because despite a High Court order, they failed to appear in Court.

New Delhi: Court acquits employer in rape case as woman turns hostile

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A man, accused of raping his maid, has been acquitted by a Delhi court after the woman said their physical relations were consensual and she had lodged the complaint as she was not paid her dues.The court absolved the employer, saying the woman has turned hostile and not supported the case of prosecution.”I am of the opinion that prosecution has not been able to prove its case against the accused beyond reasonable doubt that he had administered some intoxicated substance to the woman or that he had raped the prosecutrix or that he had threatened her of uploading her obscene videos on internet,” Additional Sessions Judge Shail Jain said.A case was lodged on the woman’s complaint that she had started working as a maid in the man’s west Delhi house from October 2010. There was a matrimonial dispute between him and his wife who had left the house.She had alleged that on November 20, 2010, the man gave her a sedative-laced drink making her unconscious when he raped her. He took her obscene videos and threatened to upload them on the Internet if she disclosed the acts to anyone, she had alleged.As the man allegedly continued his physical relations with the woman, she lodged a police complaint on August 26, 2015.However in the court, the woman took a different stand and deposed that the man had established physical relations with her with her consent and she had lodged the complaint out of anger as he was not paying her the due amount.She also testified that the man had not sexually assaulted her.The court said no incriminating evidence has come on record against the accused and dispensed with recording the statement of the man.

Court refuses leniency in 20 years old negligent driving case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Two decades after an accident that claimed the life of a 23-year-old man, a Delhi court has upheld the conviction of a bus driver saying he has “snuffed a life” even before it could bloom, but reduced his sentence from a year to six months considering the prolonged trial. The accident occured on September 5, 1997 when passenger Puran Chand was alighting from the bus near Fatehpur Beri in South Delhi and the driver negligently drove the bus ahead. The victim fell down and was crushed by its rear wheels. A magisterial court had in 2015 awarded the driver Ramesh Chand a year in jail for the death and another six months for rash driving. The driver had challenged the order in the sessions court. Partly allowing his appeal, District and Sessions Judge Asha Menon reduced the one year jail term awarded to him for the offence of causing death by negligence to six months imprisonment, noting that he has faced a long trial. “Certainly, this is not a case calling for probation. The deceased was a young man of 23 years. The negligent act of the appellant (convict) snuffed a life even before it could bloom properly,” the judge said, adding that his plea for a lighter sentence only because his family was dependent on him “is not acceptable”. Possibly, the only fact in his favour would be that he has been facing trial since 1999 and has been regularly attending the court during this period, the court said. While upholding the conviction of the driver for the offences under sections 279 (rash driving) and 304A (causing death by negligence) of the IPC, the court relied on the testimonies of prosecution witnesses. “The testimonies of the witnesses show the complete negligence of the appellant in driving the vehicle… He had, clearly, not taken the ordinary care that is necessary and expected of a bus driver,” it said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Bail pleas of eight persons who set ablaze truck dismissed

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Karimnagar court today dismissed the bail pleas of eight persons accused of setting ablaze a truck and attacking policemen at a village in Rajanna Sircilla district. Additional Sessions Judge G Srinivasulu refused to grant any relief to the accused who had on July 2 set ablaze a truck which was involved in a road accident, causing the death of a person, and allegedly attacked policemen. Three cases were registered against the accused, Vemulawada Sub-Divisional Police Officer Avadhanula Chandrasekhar said. They set ablaze the truck in which the driver and others were present and also tried to attack and kill policemen who tried to intervene, the police official said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Indore boy’s death: Parents’ DNA samples don’t match with body

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Police probing the death of a 17-year-old boy, who had allegedly decamped with Rs 22 lakh cash and valuables from his own house here in 2012, have submitted before the local court the DNA report of the body recovered from Maharashtra five years back. As per the report submitted by the police, the DNA samples of the body recovered in Maharashtra did not match those of the parents of the boy, who was allegedly killed in 2012. The police submitted the DNA report before Additional Sessions Judge (ADJ) Keshavmani Singhal yesterday. The findings of the report has given a new twist to the case. The State Forensic Science Laboratory in Sagar had made the report after analysing the DNA samples of the body recovered from Maharashtra as well as the deceased boy’s parents. The court has posted the next hearing in the case on August 3, defence counsel Mahendra Maurya told reporters today. “The lab report stated that the DNA samples did not match that of the boy’s parents,” Maurya said. A police officer said that on July 1, 2012, the investigators had got information about the drowning of a person at Malegaon in Nashik district in Maharashtra. As the deceased could not be identified, the Maharashtra police had buried it after the post-mortem. However, based on the interrogation of the accused in the case, the Indore police had got the body exhumed. The police officer said that the post-mortem report said that the deceased had drowned, although Madhya Pradesh had concluded that the deceased had died of strangulation. On June 25, 2012, the boy’s mother had complained to Annapurna Police station in Indore that her son had decamped with Rs 21 lakh cash and jewellery worth Rs one lakh. During the probe, the police had found that the boy had made the last call from his cell phone to his friend at Shirdi in Maharashtra on June 28, 2012. According to the prosecution, the boy’s friends had killed him and threw his body from the car and later distributed the cash and jewellery. The accused in the case are being tried.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Barber gets 10 yrs in jail for sodomising minor

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has sentenced a man to 10 years of imprisonment for committing penetrative sexual assault upon a mentally weak child.Additional Sessions Judge Ashwani Kumar Sarpal also imposed a fine of Rs 10,000 on Dinesh, a barber, for sexually assaulting the child studying in fifth standard in Seelampur area.According to the complaint made by the victim’s father, his son had told him that the accused had committed galat kaam with him at several occasions and had also threatened him that he would be handed over to the police if he disclosed this to anyone.Following the complaint, an FIR was registered in this regard and the accused was arrested. The victim had informed the court about the assault.The court held that the mental condition of the victim was weak at the time of commission of offence as the victim preferred to tell about the conduct to a doctor rather than his parents.The school authorities and the teachers also deposed that the victim was having an Intelligence Quotient below his age and had the mentality of a class II student.“From the statement of the victim, it is fully proved that the accused had committed unnatural sex with him. The act of the accused is fully covered within the definition and purview of penetrative sexual assault as defined under section 3 of the POCSO Act,” the court said.The court also directed to Delhi State Legal Services Authority East to pay a compensation of Rs 50,000 to the minor.The accused, however, said that he was falsely being implicated in the case.WHAT COURT SAIDAs per the accused the victim used to throw the belongings in his shop and had created mischief.
The court held that even if the boy had thrown things, the accused did not have license to commit crime.

Court awards life term to man for kidnap, murder of 5-yr-old

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has awarded life term to a man for murdering a five-year-old boy whom he had abducted for ransom. Additional Sessions Judge Virender Kumar Bansal awarded the sentence to 22-year-old Bihar resident Vikas who had kidnapped his neighbour’s son for ransom of a mere Rs 5,000 and then killed the child without even waiting for the money. “He was smothered by the accused according to the evidence. It was he who called for ransom and also got recovered the dead body and he also got recovered the toy of the deceased,” the court said, adding that the recovery of body at the instance of accused clearly shows his guilt. “Keeping in view the submissions and the facts of the case that he kidnapped the boy for ransom… he is sentenced to rigorous life imprisonment for the offence under section 302 (Punishment for murder) of IPC with a fine of Rs 10,000. He is further sentenced to life imprisonment for the offence under section 364 A (Kidnapping for ransom) of IPC with a fine of Rs 10,000,” the court said. According to the complaint filed by Rajbir, his son went missing on June 14, 2012 and a complaint was filed against unknown persons initially. The complaint claimed that next day the family got a call asking for a ransom of Rs 5,000 and and the caller threatened to kill the child if the money was not paid. The police identified the phone number used to make the ransom call and nabbed Vikas. The police also recovered a toy, which the child used to carry everywhere, from his house. The prosecution claimed Vikas himself led the police to a drain near his house from where the child’s decomposed body was recovered. Vikas had claimed that he was having a relationship with the elder sister of the child which was opposed by her father, and hence, he has been falsely implicated in the case. However, the court refused to show any leniency to the convict.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Cow killers get stricter punishment than errant drivers: Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court drew a unique analogy over enhancement of punishment in road accident death cases, observing that an errant driver gets a maximum jail term of two years while a cow killer’s sentence ranges from five to 14 years. “Sentence for killing cow is five or seven or 14 years in different states but in case of death of a human being caused by rash or negligent driving (section 304A of IPC), sentence prescribed in law is only two years,” Additional Sessions Judge Sanjeev Kumar said. The court has also sought intervention from the executive to change the colonial penal law for enhancing the jail term in road accident cases leading to death. The judge referred to the statistics of such cases as per National Crime Records Bureau (NCRB) and said there was a need to have a relook at the law. “Deaths due to road accidents in the country have increased by 5.1 per cent during 2015 over 2014. 53 cases of road accidents took place every one hour during 2015, wherein 17 persons were killed. “Most of the road accidents were due to overspeeding, accounting for 43.7 per cent of total accidents which caused 60,969 deaths and 2.12 lakh persons injured,” the judge said. Referring to the data of Geneva-based International Road Federation, the judge said that India accounted for the highest number of road deaths in the world. “At present, India accounts for 10 per cent of global road accidents with more than 1.46 lakh fatalities annually, the highest in the world,” the judgement said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Court upholds jail term of driver who crushed 7-yr-old boy

<!– /11440465/Dna_Article_Middle_300x250_BTF –>After 11 years, a Delhi court has upheld a six-month jail term awarded to a man who crushed a sleeping seven-year-old child to death under his rashly driven truck. District and Sessions Judge Asha Menon dismissed the appeal of UP native Ram Brijesh Yadav, who negligently drove his tempo and ran over the boy sleeping on a sewer drain in Kalu Sarai area of south Delhi in 2006. “A greater degree of care was also called for where children are involved and this was a sleeping child. The appellant (convict) did not take due care that was required by him. Thus, the prosecution has proved that it was his negligent act that resulted in the accident in which a small child lost his life,” the judge observed. The court noted that the mechanical inspection report of the offending vehicle showing blood of the child on its tyres, has not been disputed. “With regard to rashness and negligence, this is one of those cases where the facts speak for themselves. A child was sleeping ahead of the Tata 407. It was the negligence of the driver not to have looked for clearance before driving his vehicle. “The mechanical inspection report shows blood on the tyres of the vehicle, which has not been challenged by the accused/appellant,” it said. A magisterial court had on July 15, 2015 awarded him six month jail term while holding him guilty of offences of rash driving and causing death by negligence under the IPC. In his appeal, the convict had claimed that he was falsely implicated by the police and sought leniency on the ground that he has to take care of his wife and four children. The court, however, rejected the claims saying “the mere fact that he is a family man and has to take care of his four children, is not sufficient to outweigh the gravity of the offence. Possibly, the punishment could have been more than what has been awarded.” The court said the six month jail term for the offence calls for no reduction and directed that Yadav be taken into custody to serve his sentence. According to the prosecution, on August 11, 2006 while the complainant and his wife were working at Kalu Sarai here, their son was sleeping on the roadside on a sewer drain. Suddenly, Yadav, who was working with them, drove a Tata 407 in a rash or negligent manner and ran over the sleeping child killing him on the spot.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

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