Man can’t commit rape on his own without scuffle: HC

Man can’t commit rape on his own without scuffle: HC

Acquits Accused Sentenced To 10 Years RI Under Pocso Act

Vaibhav Ganjapure TNN

Nagpur:29.01.2021

The Nagpur bench of Bombay high court acquitted a man of rape charges while ruling that he alone cannot commit a sexual act without any scuffle. He was accused of raping a 15-yearold girl.

“It seems highly impossible for a single man to gag a survivor’s mouth, remove her and his clothes, and perform the forcible sexual act, without any scuffle. Had it been a case of forcible intercourse, there would have been a scuffle. Medical evidence also doesn’t support the survivor’s case, as no injuries from a scuffle could be seen,” Justice Pushpa Ganediwala, who was made HC’s permanent judge by the Supreme Court collegium on January 20, held.

On March 14, 2019, petitioner Suraj Kasarkar (26), who belongs to Yavatmal, was sentenced to 10 years of rigorous imprisonment by the Yavatmal sessions court after being convicted for a rape of the minor. He was also convicted for criminal trespass for having entered her home. He was charged under Sections 376(1) and 451 of IPC along with Section 4 of Pocso Act. The complaint against him was lodged by the survivor on July 26, 2013.

Kasarkar challenged the trial court’s verdict in HC, contending that it wasn’t rape but a consensual act and the survivor lodged the complaint after her mother found him fleeing her house. He also said that the girl was “habituated to sexual acts”. Additional public prosecutor MJ Khan argued that the survivor couldn’t have given a false deposition.

Justice Ganediwala observed that the testimonies of the girl and her mother could not prove that she was below 18 years when the offence was committed. Moreover, in her cross-examination, she admitted that she declared her age as 15 years in the FIR on the mother’s insistence. Even the birth certificate submitted in court isn’t in the specified format and couldn’t prove the survivor’s age. “The defence of consensual physical relations does appear probable. The accused could bring on record probable doubt with regard to consensual relation. The girl admitted that she wouldn’t have lodged a complaint if her mother hadn’t arrived,” the judge said.

Quoting settled law in such cases, Justice Ganediwala added that stricter the sentence, stricter proof is required. “Sole testimony of prosecutrix in rape cases is sufficient to fix criminal liability against accused. However, considering the sub-standard quality of the girl’s testimony, it would be grave injustice to send the petitioner behind bars for 10 years. The prosecution miserably failed to fix criminal liability of rape against him by criminal trespassing in the survivor’s house,” she said, while quashing the sessions court order convicting the accused.

Justice Ganediwala said that considering the sub-standard quality of the girl’s testimony, it would be grave injustice to send the petitioner behind bars for 10 years

HC: Holding hand, unzipping before girl not sex assault

HC: Holding hand, unzipping before girl not sex assault

Order By Judge Who Ruled In Groping Case

Vaibhav.Ganjapure TNN

Nagpur:29.01.2021

The Nagpur bench of the Bombay high court on Thursday reversed the conviction of a 50-year-old man under Pocso Act for allegedly molesting a 5-year-old girl ruling that holding her hands and unzipping his pants in front of her “cannot be defined as sexual assault”. The order was given by Justice Pushpa Ganediwala, whose recent ruling that groping a girl’s breasts without removing her clothes was not sexual assault as there was no skinto-skin contact was stayed by the apex court following an uproar.

“The acts of ‘holding the hands of survivor’, or ‘opening zip of the pant’, in the opinion of this court, doesn’t fit in the definition of ‘sexual assault’,” said Justice Ganediwala, who was appointed district judge in 2007 and elevated as HC’s additional judge in February 2019. She was made permanent judge of HC by the Supreme Court collegium on January 21.

“Considering the nature of offence and sentence prescribed, the aforesaid acts aren’t sufficient for fixing criminal liability on accused for alleged offence of ‘aggravated sexual assault’. At most, the minor offence punishable under Section 354-A (1)(I) of IPC (outraging modesty) read with Section 12 of the POCSO Act is proved against the petitioner,” she added, before quashing charges under Sections 8 and 10 of POCSO Act slapped against Libnus Kujur from Gadchiroli and maintaining conviction under outraging of modesty.

On January 19, Ganediwala had held that groping a 12-yearold’s breasts without removing her clothes wasn’t a ‘sexual assault’ as there was no skin-to skin contact between them. This verdict triggered an uproar in the country with women rights’ organizations protesting. On Wednesday, a Supreme Court bench led by Chief Justice of India Sharad Bobde stayed the verdict after attorney general KK Venugopal made a request to the apex court, warning that it may have wider ramifications and set a dangerous precedent. In the latest case, Kujur had challenged the Special POCSO court verdict of October 5 last year, where he was awarded five years rigorous imprisonment (RI). The case against him was filed on the basis of a complaint lodged by the girl’s mother on February 12, 2018, accusing him of holding hands of her elder daughter, unzipping his pant in front of her and asking her to join him in bed, when both parents were away from home for work.

The case against him was filed on the basis of a complaint lodged by the girl’s mother on February 12, 2018, accusing him of holding hands of her elder daughter, unzipping his pant in front of her and asking her to join him in bed, when both parents were away from home for work

Stay on inquiry proceedings against ex-VC

Stay on inquiry proceedings against ex-VC

Bengaluru:29.01.2021

The high court has granted interim stay on the inquiry proceedings initiated against S Japhet, former vice-chancellor of the newly founded Bengaluru City University.

Justice M Nagaprasanna noted that prima facie, under section 28 of the Karnataka State Universities Act, 2000, the syndicate does not have the power to constitute a oneman committee to conduct an inquiry against a former vicechancellor.

Japhet had challenged the December 28, 2020 notification and the inquiry notice issued on January 18, 2021. The next hearing is on February 15.

Japhet was appointed VC in 2017 and demitted office in November 2020. Thereafter, the syndicate resolved to set up the committee to look into various works entrusted to contractors during his tenure. TNN

Dubai reduces validity of RT-PCR tests to 72 hours

Dubai reduces validity of RT-PCR tests to 72 hours

TIMES NEWS NETWORK

Mangaluru: 29.01.2021

Travellers to UAE now have to produce a negative RT-PCR test conducted 72 hours prior to departure, after authorities reduced the timeframe from the previous 96 hours. All those with work permits and tourists, barring UAE nationals, must present a valid negative Covid 19 RT-PCR test certificate on arrival.

The mandatory 72-hour time frame begins from the time the swab is collected for the test. Authorities also said flights from January 31 to February 2 from Mangaluru will land in Sharjah instead of Dubai, due to technical issues and cautioned travellers to follow the 72-hour window since they have not received any communication from Sharjah authorities regarding test validity.

The new protocols also state passengers arriving in Dubai will be required to take an RT-PCR test on arrival regardless of the country they are coming from. Also, arrivals from some countries, depending on the Covid situation there, may be required to undergo additional tests when landing in Dubai, according to Air India Express officials.

AI Express again cautioned passengers to present original test reports (printed form), from a governmentapproved lab. All passengers are also required to download the Covid-19 Dubai smart app and generate a QR code on their devices.

Learning loss: Govt teachers go the extra mile

Learning loss: Govt teachers go the extra mile

Sruthy Susan Ullas & Farheen Hussain TNN

Bengaluru:29.01.2021

From the time the nationwide lockdown was imposed, educationists had warned of serious learning loss in children if schools remain closed for a long time. With children back on campuses now — regular classes for grades 10 and 12 and Vidyagama sessions for grades 6-9 — those fears have come true.

When asked by the principal of his BBMP-run school, Kishan (name changed), a class 10 pupil, said: “I can’t recall the multiplication table for three.” The principal told TOI: “Learning loss is real. We have to teach them from scratch. Even before Covid, we had to put in a lot of effort and things have gotten worse since the lockdown.”

The school has now assigned a mentor for each child. The principal said that while the lockdown made it worse, the problem began because of the no-detention policy. “Last year too, there were no exams and all students were promoted,” the principal said.

Other schools too are taking extra measures to bridge the learning gap. Teachers say allowing schools to function for a full day will help complete the syllabus and schools can then start revisions.

Raju B, principal, Sir M Visvesvaraya BBMP Public School and Composite PU College, said students were unable to follow lessons when they returned to schools. He said most students had either returned to their villages or were busy with other things and did not have the time to study. “We have been teaching them from the first chapter and we make sure to go back to topics whenever a student asks,” he said.

The loss, teachers point out, is mainly in maths and science, especially with formulae and multiplication tables. “Unlike parents in private schools, our children do not get help in academics from their parents,” said Jayalakshmi G, a teacher in the higher primary section of a government school in Kalkere. “Many of them have had no association with studies in these 10 months. It’s out duty to start at the beginning with them.”

The head mistress of a government high school in East Bengaluru, said: “With such a long gap, we did expect children to forget what they learnt in previous years. Our one hour class is now divided into two: Thirty minutes is spent on refreshing portions from the previous years while the other 30 goes into teaching competencies of this year.”

But children being children, teachers believe they will learn fast. Most lessons are taught through activities. “They quickly grasp and recall. That’s a relief,” said Sharadamma, head mistress, Government Higher Primary School, K Channasandra.

Students too are thrilled they are back on track. Gautham C, a II PUC commerce student in Sir M Visvesvaraya BBMP Public School and Composite PU College, said returning to the campus has been the best thing that has happened. “We had lost touch with everything and were worried about facing exams. It’s a relief that schools reopened,” he said.

Man orders mobile for wife online, gets 2 soaps

Man orders mobile for wife online, gets 2 soaps

Vadodara:29.01.2021

Viral Brahmbhatt wanted to gift his wife a mobile phone on her birthday. But when he opened the parcel delivered to his house on January 23, he was shocked. The e-commerce giant sent two bars of washing soaps instead of the phone.

Brahmbhatt, a resident of Jetalpur Road, has given an application for complaint at JP Road police station against the online retail chain and another Ahmedabad-based firm for cheating him.

“Brahmbhatt has video recording of the entire incident. As the packet had many layers, he patiently opened them but found two soaps inside. This amounts to cheating,” said advocate Arpita Joshi, Brahmbhatt’s lawyer.

She has also sent a legal notice to the delivery firm on behalf of Brahmbhatt detailing the incident. TNN

A bonanza from tragedy not on, HC to job-seeker

HC DISMISSES PLEA

A bonanza from tragedy not on, HC to job-seeker

K.Kaushik@timesgroup.com

Madurai:29.01.2021

Observing that the dependents of a deceased employee cannot be permitted to convert a tragedy into a bonanza, the Madras high court dismissed a plea seeking compassionate appointment as his father who was a government employee died during service.

The court was hearing a petition filed by D Sivakumar challenging the order which had rejected his application for compassionate appointment.

The petitioner’s father R Devaraj, who was working as a helper in Tangedco, died during service in 2001. At the time of Devaraj’s death, the petitioner was 10 years old and no other eligible people were available in the family to apply for compassionate appointment.

The petitioner submitted an application seeking compassionate appointment in 2009, however, it was rejected on the ground that the application was not submitted within three years of the death of his father.

Justice M Dhandapani observed that the electricity board had made it clear that legal heirs who have completed 18 years of age alone are to be treated as eligible for appointment on compassionate grounds.

The judge observed that the purpose of providing employment on compassionate basis is to mitigate the hardship of the family which has arisen due to the death of the employee. If the compassionate appointment is treated as one more source of recruitment, then it will be violative of Article 16 of the Constitution, observed the judge.The judge said that in the light of the above, the present petition is wholly unsustainable.