Tag: Rape

  • Forceful removal of innerwear of minor girls equivalent to rape: Calcutta HC

    Forceful removal of innerwear of minor girls equivalent to rape: Calcutta HC

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    Kolkata: Forceful removal of the innerwear of a minor girl is equivalent to rape even if rape, as per medical terms, has not been done by the accused or convict, the Calcutta High Court has held.

    A single judge bench of Justice Ananya Bandopadhyay made this ruling while hearing a case in which Robi Roy was declared as guilty by a lower court in Dinajpur district in 2008.

    On May 7, 2007, Roy was acccused of alluring a minor girl in his locality to a secluded place after promising her an ice cream. There he first asked her to remove her innerwear. When the victim refused, he forcefully removed her innerwear.

    The victim started shouting which caught the attention of the people residing nearby, who rushed to spot, assaulted Robi Roy and handed him over to the local police. In November 2008, a trial court, finding him guilty, sentenced him to imprisonment for five and a half years and also slapped a Rs 3,000 fine on him.

    After being freed from jail, he challenged the order of the lower district court at the Calcutta High Court claiming that he was falsely implicated which caused loss of his social prestige. He claimed that his intention was to express his fatherly affection towards the victim.

    Justice Bandopadhyay, however, upheld the order of the lower court and observed that the intention of alluring the victim with ice-cream had mal-intention.

    “The victim was allured with ice-cream by the convict just to satisfy his sexual desires. When the victim refused to open her innerwear as asked by the convict, he forcefully removed that. This cannot be treated as an expression of affection. This is equivalent to rape or attempt to rape,” Justice Bandopadhyay observed.

    Although medical examination proved that that the minor girl was not a victim of rape, the judge observed that the entire incident is similar to rape of sexual offense under Section 375 of the Indian Penal Code.

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    #Forceful #removal #innerwear #minor #girls #equivalent #rape #Calcutta

    ( With inputs from www.siasat.com )

  • Bengaluru: Friends call two women to party, attempt to rape them

    Bengaluru: Friends call two women to party, attempt to rape them

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    Bengaluru: Karnataka Police on Tuesday arrested two men here in connection with attempting to rape two young women from Kashmir on the pretext of partying.

    According to police, the incident took place in the limits of Viveknagar police station. The young women managed to escape from the clutches of the accused and lodged a police complaint against them.

    According to police, the accused had invited their female friends to their house for a party on February 5. They had partied till 2.30 a.m. When the women were in an inebriated state, the accused friends tried to rape them.

    The victims somehow managed to lock themselves in the bathroom and spent the whole night there. In the morning, they managed to get out of the house of the accused persons and fled.

    The police said that the accused and victims had studied in the same college and were known to each other. The young women got placements in different companies and were working and the accused men were studying MBA. The police are investigating the case.

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    #Bengaluru #Friends #call #women #party #attempt #rape

    ( With inputs from www.siasat.com )

  • UP: Advocate held after woman alleges rape

    UP: Advocate held after woman alleges rape

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    Agra: A senior advocate in Agra has been arrested by the New Agra police for allegedly raping a woman.

    The victim threatened suicide if no action was taken against the advocate, the police said.

    The victim alleged that the advocate raped her on multiple occasions, made obscene videos of the act and also extorted Rs 40 lakh from her.

    She claimed she had approached the police many times but when no action was taken. Later she went to the Police Commissioner to narrate her ordeal.

    The advocate’s phone had been stolen a few months back and videos and photos of his intimate moments with several women recorded on the phone, had gone viral on social media.

    One of those women who said she was sexually exploited by the advocate, approached Agra Commissioner Preetinder Singh and said the advocate had called her to his house on January 4 and raped her after threatening to defame her by making her obscene videos viral.

    Interestingly, the advocate had already filed a complaint against the woman at Sikandra police station, accusing her of demanding Rs 2 crore from him. The Sikandra police are already investigating this complaint.

    The woman told reporters, “I had a dispute with my husband following which I came in contact with the accused as he represented me in court.”

    She said during the lockdown, the advocate had started visiting her house and one day he moved into her house saying that he had a dispute with his wife and he wanted a place to stay for a few days.

    During this period, the advocate raped her several times and also made obscene videos saying that a lot of money could be earned by selling these videos. Apart from this, the woman also alleged that the advocate took Rs 40 lakh from her to contest the election, which he is yet to return.

    DCP Vikas Kumar said that the victim has accused the advocate of rape and other criminal offenses and the police have registered a case against him. The matter is being investigated and the accused has been taken into custody.

    Police Commissioner Preetinder Singh said that the woman appeared before him and threatened that if no action was taken against the advocate, she would be forced to commit suicide.

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    #Advocate #held #woman #alleges #rape

    ( With inputs from www.siasat.com )

  • Godman Asaram Bapu gets life imprisonment in 2013 rape case

    Godman Asaram Bapu gets life imprisonment in 2013 rape case

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    In a 2013 rape case, a court in Gujarat’s Gandhinagar on Wednesday gave self-described godman Asaram Bapu a life sentence. The 81-year-old was found guilty in 2013 of raping a former female disciple.

    Ashupal Harpalani, alias Asaram Bapu, was found guilty of rape and criminal intimidation by a district and sessions court in Gandhinagar on Monday. Five other co-accused in the case were found not guilty.

    Asaram’s wife is one of them who was exonerated.

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    #Godman #Asaram #Bapu #life #imprisonment #rape #case

    ( With inputs from www.siasat.com )

  • Godman Asaram convicted in Gujarat rape case

    Godman Asaram convicted in Gujarat rape case

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    Gandhinagar: A court in Gujarat’s Gandhinagar on Monday found “godman” Asaram Bapu guilty in a 2013 rape case, and will announce the quantum of punishment on Tuesday.

    The Additional District Sessions Court, however, acquitted six other accused in the rape case – Asaram’s wife Lakshmiben, daughter Bharati, Nirmala Lalvani, Meera Kalvani, Dhruvben Lalvani, and Javantiben Chaudhary.

    Special Public Prosecutor R.C. Kodekar told media that the victim had registered a case with Surat police, which was transferred to Ahmedabad police in 2013. The Chandkheda police station had registered a case under various section of the IPC, including rape by one or more in group, common intent, unnatural offence, criminal force on women, wrongful confinement and criminal intimidation against 8 persons, including Asaram Bapu, and his son Narayan Sai.

    While Asaram is presently in Jodhpur jail following conviction in another rape case, a separate trial against Narayan Sai is going on in the Surat court.

    Two sisters had filed complaint against Asaram and his son, alleging that between 1997 to 2006, they were raped at the Motera Ashram run by Asaram and his son. The younger sister had lodged a complaint against Narayan Sai and the older against Asaram.

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    #Godman #Asaram #convicted #Gujarat #rape #case

    ( With inputs from www.siasat.com )

  • Will destabilise institution of marriage: NGO opposes criminalisation of marital rape

    Will destabilise institution of marriage: NGO opposes criminalisation of marital rape

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    New Delhi: An NGO has moved the Supreme Court opposing the criminalisation of marital rape, saying it would destabilise the institution of marriage.

    The petition filed by NGO Purush Aayog Trust through its president Barkha Trehan has sought the court’s intervention in a batch of petitions pertaining to the criminalisation of marital rape and the Indian Penal Code (IPC) provision that provides protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.

    The plea contended that the doctrine of separation of powers is a part of the basic structure of the Constitution and the power to create an offence solely vests with the legislature.

    “A marriage can end without any sufficient evidence pertaining to a case of marital rape. If there is any evidence of forcible intercourse, then there cannot be any other primary evidence other than the testimony of the wife. This can easily destabilise the institution of marriage,” the plea said.

    The petition, filed through advocate Vivek Narayan Sharma, said over the years, numerous incidents have been reported across the country where men committed suicide due to false accusations made by women.

    “There have been uncountable cases wherein married women have misused such provisions. Such cases include sexual harassment, 498A and domestic violence. If exception II of section 375, IPC is struck down, then it can become an ‘easy tool’ for wives to harass and puppet husbands, especially considering that the quantum of punishment in rape cases is much higher and the burden of proof is upon the accused.

    “Any allegations of rape by the wife be treated as gospel truth on the word of the wife and the husband would be most likely incapable to lead any contra evidence, owing to the nature of the personal and married relationship,” it said.

    The top court had, on January 16, sought the Centre’s response to a batch of petitions pertaining to the criminalisation of marital rape and the IPC provision that provides protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.

    The Centre, represented by Solicitor General Tushar Mehta, had told the bench headed by Chief Justice DY Chandrachud that the issue has legal as well as “social implications” and the government would like to file its response to the petitions.

    The top court, which appointed lawyers Pooja Dhar and Jaikriti Jadeja as the nodal counsel, had said the parties will have to file their written submissions by March 3 for a smooth hearing of the petitions.

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    #destabilise #institution #marriage #NGO #opposes #criminalisation #marital #rape

    ( With inputs from www.siasat.com )

  • Telangana: 2 arrested for rape, murder of 15-yr-old girl

    Telangana: 2 arrested for rape, murder of 15-yr-old girl

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    Hyderabad: The police have arrested three men in connection with the rape and murder of a 15-year-old girl in the Nalgonda district.

    A class 10 student, was allegedly raped and killed near the Angadipeta crossroads in Pedda Adiserla Pally Mandal of Devarakonda division on January 17.

    The three men were identified as – Dileep, 19; Naresh, 24, and Shiva, 20.

    According to a press release issued by the Gudipally police, the accused are all residents of Vaddderigudem hamlet of Tirumalagiri village in PA Pally Mandal. The girl was a Karmanghat resident and was acquainted with Dileep, a student.

    She came to Vadderigudem to visit her grandmother for the Sankranthi festival and planned to return to her place on January 17.

    According to the police, on January 17 morning, the girl asked the accused Dileep to drop her off near Angadipeta crossroads to reach Karmanghat. Instead, in Naresh’s car, Dileep took her to a clothing store called ‘Rowdy Boys’ owned by Naresh, where they allegedly raped her.

    When she started bleeding and fainted, the accused took her to the Devarakonda government hospital but she passed away on their way around 1 pm.

    The girl’s father filed a complaint with the Gudipally police on the same day. The Devarakonda Deputy Superintendent of Police (DSP) arrested the accused on January 18. They were presented in court and sent to judicial remand.

    The accused were arrested under various sections of the Indian Penal Code for rape and murder and the Protection of Children from Sexual Offenses (POCSO) Act.

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    #Telangana #arrested #rape #murder #15yrold #girl

    ( With inputs from www.siasat.com )

  • As a police officer, I was asked to undermine an alleged rape victim – I wish I could say it was a one-off | Anonymous

    As a police officer, I was asked to undermine an alleged rape victim – I wish I could say it was a one-off | Anonymous

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    “The thing is, Sarge, she’s already made one allegation of rape tonight so there’s no way I’m going out on my own to her house. I’ve got my own safety to think about.” The detective’s words left me momentarily speechless. It was the early hours of a busy weekend, and I was the CID night sergeant on duty. A local woman had been out with a new boyfriend and allowed him to walk her home but not to enter her flat. He had pushed her inside and raped her, then left. She had called 999 and reported the rape and was waiting for a police response.

    All our uniformed colleagues were tied up with the usual, “night-time economy” domestic abuse incidents, mental health crises and custody duties that fill response officers’ night shifts. And I’d had the temerity to ask an experienced male detective to make contact with the woman, visit her to reassure her that she was now safe and to begin to record evidence in his notebook while a female colleague travelled from the other side of the county to assist with forensic evidence recovery.

    I’d like to tell you that his reaction was a one-off, from a lifetime ago – but it was 2015, a year or two into the post-Jimmy Savile scandal era of training courses that instructed us to believe the victim and move heaven and earth to secure convictions. This was another depressing example of police attitudes to rape and sexual assault that have been widespread throughout my career. A culture in which managers’ first questions were never “Is the victim OK”, or “What does she need from us?” All too often, the question was whether or not I thought the victim was lying, and whether I could find enough evidence to suggest she was not credible, and thus justify a decision to avoid wasting resources on yet another unsolvable crime.

    Cases that meet the unofficial credibility test and are deemed to be “proper” rapes get a huge amount of resources thrown at them, as there is a chance of a good “collar” and a great story to tell at the next promotion board. The other cases often don’t even get a detective appointed to investigate, just a keen young copper on secondment to a crime unit.

    When questions are asked about David Carrick and about Sarah Everard’s killer, and the many many other offenders who either never reach the national news or just get away with it, I don’t see a pattern of cover-up and deceit that many outside the service perceive – instead, I see a level of unprofessionalism and incompetence that’s normal for all victims. That’s the scandal.

    I was involved in a rape investigation in which a female senior investigating officer directed me to pursue a line of inquiry solely intended to undermine the victim’s first account so that we could close down the investigation before command had to divert significant resources to it.

    That was on Wednesday 17 January 2023; the day after the news of Carrick and his scores of crimes against women broke. And nobody batted an eyelid.

    I’m about to retire after decades in the force, and I’ve tried my best. I really have. I hope I made a difference for a few people, in spite of the broken system I work within. I know there are good people working here still and the culture is changing, but it is happening at a glacial pace. Best of luck to the next generation, I hope to God they do better than us.

    • The writer is a serving police officer in a non-metropolitan English police force

    • Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here.

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    #police #officer #asked #undermine #alleged #rape #victim #oneoff #Anonymous
    ( With inputs from : www.theguardian.com )

  • Kathua Rape Accused To Be Tried As ‘Adult’, Not ‘Juvenile’: Supreme Court

    Kathua Rape Accused To Be Tried As ‘Adult’, Not ‘Juvenile’: Supreme Court

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    The Supreme Court on Wednesday ruled that one of the accused in the gang-rape and murder trial of an eight-year-old nomadic girl in Kathua was not a juvenile and can now be prosecuted again as an adult.

    The top court further stated that in the absence of statutory proof on the same problem, medical opinions on an accused person’s age cannot be “swept aside”, news agency PTI reported.

    “Medical opinion regarding age in absence of any other conclusive evidence should be considered to determine the age range of the accused…Whether medical evidence can be relied upon or not depends on the value of evidence,” a bench of justices Ajay Rastogi and JB Pardiwala said.

    It reversed the rulings of the high court and the Chief Judicial Magistrate of Kathua, which had determined that the accused was a minor and needed to be tried separately.

    “We set aside the judgments of the CJM Kathua and the high court and hold that the accused was not a juvenile at the time of commission of offence,” Justice Pardiwala said while pronouncing the verdict.

    The girl was raped in a Kathua village in 2019. Three men were given life sentences in this case by a special court in June 2019, and three police officers received five-year sentences for evidence destruction. However, the Juvenile Justice Board was given the case against one of the accused.

    (With inputs from agencies)


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