SC stays Bombay HC’s acquittal of man who groped 12-year-old girl

SC stays Bombay HC’s acquittal of man who groped 12-year-old girl

Dhananjay.Mahapatra@timesgroup.com

New Delhi:28.01.2021 

The Supreme Court on Wednesday took just two minutes to stay a Bombay High Court order, which had acquitted a man of charges under the POCSO Act on the specious logic that groping a 12-year-old girl without removing her clothes was not sexual assault though it convicted him under the Indian Penal Code provision for outraging her modesty.

The Nagpur bench of Bombay HC had sparked outrage on January 19 by acquitting the accused under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, while maintaining his conviction for outraging the modesty of the minor girl under Section 354 of the IPC.

In February last year, a Nagpur trial court had sentenced the 39-year-old man to three years imprisonment under Section 8 of POCSO Act for groping the girl as also under Section 354 of IPC.

Attorney general K K Venugopal termed the order “unprecedented and disturbing”, adding that it would set a bad precedent.

"It is a very disturbing judgment that sets a new rule that in the absence of skin-to-skin contact, that is groping a child without removing her clothes, would not amount to sexual assault under Section 8 of the POCSO Act. It sets a dangerous precedent. Please take suo motu cognisance of the judgment and stay its operation," he said.

How could the HC rule that there was no sexual intent as there was no skin-to-skin contact, the AG asked. The SC permitted the AG to file an appeal against the HC judgment. Two days ago, National Commission for Protection of Child Rights chairperson Priyank Kanoongo had written to the Maharashtra government asking it to appeal against the HC judgment before the SC.

After hearing the AG, a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said, "In view of what is stated, we permit the attorney general to file an appropriate petition against the said judgment. In the meantime, we stay the acquittal of the accused in respect of the offence under Section 8of POCSO Act. Issue notice to the accused and the state of Maharashtra returnable in two weeks."

Justice Pushpa Ganediwala had ruled that groping the breasts of the 12-year-old girl without removing her top would not amount to an offence under Section 7 of POCSO Act, punishment for which is prescribed under Section

8. "Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact ie skin-to-skin with sexual intent without penetration," the judge had said.

Full report on www.toi.in

8 docs reject Covishield, opt for other shot

8 docs reject Covishield, opt for other shot

Sumitra.DebRoy@timesgroup.com

Mumbai:28.01.2021 

In a twist to the Covaxin story, eight doctors from the Mumbai region rejected the Serum Institute's Covishield vaccine and took shots of Covaxin instead at JJ Hospital on Wednesday.

Hospital authorities, who have struggled to persuade potential recipients to accept Covaxin, were enthused by the incident. They said they will henceforth allow voluntary walk-ins for the Bharat Biotech-manufactured vaccine so long as names are registered on the Co-Win app which is used to monitor the immunisation programme. The arrangement, though, is a oneway street for now – such flexibility is not on offer for those allotted Covaxin but show preference for Covishield.

Dr Vivek Giri, the port health officer, said he opted for Covaxin as he is more confident of the technology, which uses an inactivated virus.

[Breaking] Supreme Court Stays Bombay HC Judgment Which Held 'Skin To Skin' Contact Necessary For 'Sexual Assault' Under POCSO Act

[Breaking] Supreme Court Stays Bombay HC Judgment Which Held 'Skin To Skin' Contact Necessary For 'Sexual Assault' Under POCSO Act: The Supreme Court on Wednesday stayed the acquittal of the accused under the Bombay High Court Judgment which held that pressing of breasts of a minor girl without disrobing does not amount to 'sexual...

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us: A

Students struggle to arrange hostels as colleges set to reopen

Students struggle to arrange hostels as colleges set to reopen

TIMES NEWS NETWORK

Hyderabad:27.01.2021

With physical classes set to commence from February 1, many students are struggling to arrange a hostel/paying guest accommodation. Even colleges are feeling the heat as rooms can no longer be offered on sharing basis as per social distancing norms.

Following the Telangana government orders, many colleges are in the process of allowing final year students from February 1 followed by other students in a phased manner. At a time when the rooms in college and university hostels are already limited and overcrowded, Covid-19 poses a bigger challenge for the managements.

“From February 1-6, students can renew their hostel facility. We will issue ID cards to those who will be renewing the hostel facility for the ensuing academic year. As per the renewals, we will allot rooms. Rooms with six beds will have only two students at a time and a room with two beds will be allotted to a single student,” said professor LB Laxminkanth Rathod, principal, Nizam College, adding that it will be a difficult task to accommodate students.

Nearly 20%-30% of the student population in the city comes from neighbouring districts and states to various colleges for undergraduate and postgraduate courses.

Many students are now forced to cough up huge amount to avail private hostel/PG facilities. With colleges planning to call students for laboratory work for only 30 days at a time, finding accommodation is turning out to be a bigger hassle for those coming from other districts.

“Most private hostels and PGs are seeking an advance of at least three months. Nobody is ready to accommodate us for a month or less than that. How does the government expect us to come from farflung places and cough up huge amount without having any clarity on the schedule of classwork,” said Jonnalagadda Sharath, a BTech student.

College directed to pay ₹40,000 to student for withholding certificates

College directed to pay ₹40,000 to student for withholding certificates

Nirupa.Vatyam@timesgroup.com

Hyderabad:27.01.2021 

A district consumer forum here has directed Madina Degree College for Women to pay about ₹40,000 to a student, who discontinued her bachelor’s course in the second year, for withholding her certificates and for forcing her to pay second year tuition fee.

M Jahanavi, the complainant, submitted that she had joined Bachelor of Science (BSc) course in the academic year 2017-18 at Madina Degree College for Women.

After completion of the first year, she said that she had qualified for the BPT (Bachelor of Physiotherapy) course in the counselling conducted by the Telangana State Council for Higher Education (TSCHE).

She said that she approached the staff concerned at the college seeking the return of her original certificates as she would need the same to complete the admission process into BPT course. Jahanavi alleged that the management insisted that she pay the fee for the remaining term of the course to get certificates. As the last date for submitting her certificates for admission into BPT course was nearing, she said that she had no option except to pay ₹24, 535 towards the second year so as to cancel her admission and get certificates back.

Claiming that demanding the fee in advance to return her original certificates amounts to unfair trade practice, she filed the complaint.

The opposite party, in their written version, said that allegations made by the complainant are false and frivolous. They submitted that as per the University Grants Commission rules, the complainant has to pay the entire course fee in view of the declaration given by her while taking admission. They said that the complainant, in fact, had to pay the entire fee (fee for three years) as per the rule, but the college was kind enough to consider the request of the complainant and forgo the third year’s fee.

During the trial, the bench noticed that as per the UGC rules, higher educational institutions can charge the fee in advance only for the semester/year in which a student wants to engage in academic activities, but not for the entire programme and cannot collect original certificates.

“The opposite party had not even issued fee receipt while collecting the second year fee. This amounts to deficiency of service and also the adoption of unfair trade practice,” the bench said.

The bench said the college did not even issue a fee receipt

AP couple held for murdering their daughters

AP couple held for murdering their daughters

Sandeep.Raghavan@timesgroup.com

Tirupati:27.01.2021

Police in Andhra Pradesh’s Madanapalli on Tuesday arrested the couple, who killed their two daughters allegedly under the influence of tantriks. The couple was in a state of trance sitting near the bodies when the police had reached their home on Sunday.

While the father, V Purushotham Naidu, has reportedly come out of the trance, his wife Padmaja continued to behave strangely. She was singing and dancing and shouting that the coronavirus had not originated in China, but created by the gods to cleanse the “bad elements” in the Kali Yug. When police took Padmaja for a Covid test, she refused to give her sample saying that she was the virus in human form and there was no need for tests. The couple murdered their kids, Alekhya (27) and Sai Divya (22), in what appeared to be part of occult practice. Both the accused were produced before the local magistrate and were later admitted to the psychiatry ward of a hospital.