Top court cites love letters, acquits man of rape charges

Top court cites love letters, acquits man of rape charges

Says No Woman After Being Sexually Assaulted Will Be In Live-in Relationship For Four Years

Dhananjay.Mahapatra@timesgroup.com

New Delhi:29.09.2020

No woman, after being sexually assaulted at knife-point, would write amorous love letters to the accused and share a live-in relationship for four years, the Supreme Court said on Monday while acquitting a man of 20-year-old charges of rape and cheating, for which he was convicted by the trial court and the Jharkhand high court.

The first point of doubt for the bench of Justices R F Nariman, Navin Sinha and Indira Banerjee was the woman’s version of her age at the time of the alleged sexual assault in 1995. Though she claimed to be 13 years, it was found that at the time of lodging the FIR in 1999, a few days before the man was getting married to another woman, she was 25 years as per medical opinion.

The complainant claimed that she kept quiet for four years from the date of sexual assault as the man promised to marry her and their families had got them engaged. She also said they lived like “husband and wife” and that on coming to know that he was getting married to another woman, she had filed the FIR accusing him of rape and cheating.

The bench sifted through the evidence and found the two belonged to different religions and that was the main constraint for solemnising the marriage — while the girl's family wanted the wedding in a church, the boy’s family insisted on a temple ceremony.

Writing the judgment, Justice Sinha said, “The man belonged to the Scheduled Tribe while the woman belonged to the Christian community. They professed different religious beliefs in a traditional society. They resided in the same village Basjadi and were known to each other. The nature and manner of allegations, coupled with the letters exchanged between them, make it apparent that their love for each other grew and matured over a sufficient period of time. “They were both smitten by each other and passions of youth ruled over their minds and emotions. The physical relations that followed were not isolated or sporadic in nature, but regular over the years. The woman had even gone and resided in the man’s house. In our opinion, the delay of four years in lodging the FIR, at an opportune time of seven days prior to the man solemnising his marriage with another girl, on the pretext of a promise to the prosecutrix raises serious doubts about the truth and veracity of the allegations levelled by the complainant.”

The bench further said, “She was conscious of this (religious) obstacle all along, even while she continued to establish physical relations with the man. If he had married her, she would not have lodged the case. She denied having written any letters to him, contrary to the evidence placed on record by the defence. The amorous language used by both in the letters exchanged reflect that the man was serious about the relationship, desiring to culminate the same into marriage. But, unfortunately, for societal reasons, the marriage could not materialise as they belonged to different communities.”

They were both smitten by each other and passions of youth ruled over their minds and emotions. The physical relations that followed were not isolated or sporadic in nature, but regular over the years

SUPREME COURT

Sparks fly between EPS & OPS over CM candidature at AIADMK meet

Sparks fly between EPS & OPS over CM candidature at AIADMK meet

Decision To Be Announced On October 7

Julie.Mariappan@timesgroup.com

Chennai:29.09.2020

Powerplay between deputy chief minister and AIADMK coordinator O Panneerselvam and chief minister and joint coordinator Edappadi K Palaniswami over early announcement of CM candidate for the forthcoming assembly election was in full display during the party’s executive committee meeting convened on Monday morning.

After five hours of muscle flexing, arguments, and attempts to reason, deputy coordinator K P Munusamy came out to tell reporters that the CM candidate will be announced “by the leadership” on October 7. Both EPS and OPS neither “agreed nor disagreed” to the final decision, sources confirmed. A total of 276 members out of 294 invited, attended the meeting.

OPS argued he had been chosen to be chief minister by ‘Amma’ (former chief minister J Jayalalithaa) twice and EPS by her aide V K Sasikala. EPS pointed out that his deputy had been picked by Sasiakala too when Jayalalithaa passed away in December 2016. When it came to the subject of CM candidate, OPS and his supporters felt the selection should be made by a steering committee, yet to be constituted. EPS loyalists said the announcement should be made sooner rather than later.

Palaniswami is keen on being projected as the CM candidate, having steered the government for about three years, overcoming challenges thrown his way and showcasing his achievements. Sparks flew at the Monday meeting, after some 20 ministers, leaders and senior party functionaries spoke on the need to decide on the CM candidate soon.

“When OPS detailed his contributions for the party and government -- how he was chosen twice by Jayalalithaa for CM post, and his dharmayudh to rescue the party from the clutches of a family, EPS pointed out how the former had voted against his government in February 2017. He said OPS would have been held responsible if his government had been dissolved,” a senior leader, privy to the meeting said.

Panneerselvam sought to downplay the criticism by stating he and his supporters voted against the EPS government as part of his ‘dharmayudh’ against Sasikala and the chief minister chosen by her, and that at no time did he nurse a personal grudge against EPS.

Palaniswami recalled how Sasikala had told him, ministers P Thangamani and S P Velumani, besides OPS to choose a CM candidate. The trio told her she could go ahead with her choice and she settled for OPS. Panneerselvam said he merged with the EPS faction on the advice of PM Narendra Modi, and that the agreement was that he would be deputy CM for this term alone. For his part, Palaniswami said Modi had congratulated the government for effectively managing the Covid-19 pandemic.

Earlier, OPS supporter and organising secretary, P H Manoj Pandian said, “Both EPS and OPS were like the two leaves and we need both to help the party win the election,” Pandian said.

Coimbatore girl tops TN engg rank list

Coimbatore girl tops TN engg rank list

1.6L Seats Up For Grabs, Online Counselling From Oct 1-30

TIMES NEWS NETWORK

Chennai: 29.09.2020

Sasmitha M S of Coimbatore got the highest cut-off marks in the state at 199.67 in the engineering rank list released on Monday, with centums in maths, physics and near-perfect marks in chemistry. R Navaneethakrishnan of Tiruvannamalai, with the same cut-off, was placed second rank, while R Kavya, C Aditya and Praveen Kumar R with 199.5 were ranked third, fourth and fifth. Higher education minister K P Anbalagan released the list.

Sasmitha said she planned to take up BE computer science at College of Engineering, Guindy. “I then want to get placed in a dream company such as Facebook or Amazon, experience the work ambience for a few years, come back and take up civil services.”

The native of Namakkal, allotted the cut-off by the Tamil Nadu Engineering Admissions (TNEA) based on the 989/1000 marks in the Telangana State Board of Intermediate Education at Hyderabad, now stays in Coimbatore with her uncle, a forest official. She wanted to join an IIT, but unsure of the scores in JEE (Advanced), decided on Anna University.

Praveen Kumar wants to join either electrical engineering or computer science at Anna University.

The TNEA committee awarded ranks to 1,12,406 eligible candidates, using a 10-digit random number for breaking ties for 791 candidates.

Anbalagan said online counseling will be held from October 1 to 30 — for special category from October 1 to 5 and for general category from October 8 to 27.

There are 1,63,154 seats available in 461 colleges, a reduction of just 9,786 seats over last year despite the number of participating colleges coming down to 461 from 479 in 2019-20. Colleges surrendered 27,466 seats, increasing total seats to 1.63 lakh from 1.35 lakh.

On the proposal to change the name of Anna University, the minister said it was made after keeping the interests of all students and colleges in mind. He further said the state government would discuss any implication of name change before the bifurcation.

On reopening of colleges, the minister said the state government would take a call only after assessing the number of colleges needed for Covid-19 care centres. “Still, many colleges are functioning as such centres. We will assess the situation and take a decision,” he said.

2nd phase of Covid vaccine human trial begins in Tamil Nadu

 2nd phase of Covid vaccine human trial begins in Tamil Nadu

TIMES NEWS NETWORK

Chennai:29.09.2020

The phase-2 human clinical trials of Covishield, developed by Oxford University, commenced in the state on Monday even as the health department invited volunteers to enroll and participate in the trials. The safety and immunogenicity or the immune response of the vaccine candidate will be studied upon administering shots to healthy volunteers. Two centres in the city are among the17siteschosen for the trials initiated in the country by Serum Institute of India, which has an agreement with AstraZeneca that has collaborated with Oxford University.

A state health department official confirmed that volunteers were given shots of the vaccine candidate on Monday. However, officials did not reveal details on the number of volunteers who were administered the shots. The state health department started calling for volunteers on September 9 through social media.

Earlier Dr T S Selvavinayagam, director of public health and principal investigator of the project, had said, “This phase requires 110 to 150 volunteers. Screening of volunteers to see if they are fit enough for the trials is going on.” In Tamil Nadu, trials will take place at Rajiv Gandhi Government General Hospital and at Sri Ramachandra Institute of Higher Education and Research, Porur.

According to the Clinical Trials Registry India, 1,600 volunteers of more than or equal to 18 years will be enrolled in the study across17 sites in the country. Of them, 400 participants will be part of the immunogenicity cohort. They will be randomly assigned on a 3:1 ratio to receive either Covishield or Oxford/AZ-ChAdOx1 nCoV-19. The rest of the 1,200 volunteers from the safety cohort, also randomly assigned in a 3:1 ratio, will receive either Covishield or placebo. Covishield was made from ChAdOx1 virus, a weakened version of a common cold virus that causes infections in chimpanzees that has been genetically changed. Genetic material has been added which is used to make proteins from the SARS-CoV-2 virus called spike glycoprotein. By vaccinating, researchers hope the body will recognise and develop an immune response to the spike protein that will help stop the coronavirus from entering human cells and prevent infection.

Premalatha tests positive for Covid-19

Premalatha tests positive for Covid-19

TIMES NEWS NETWORK

Chennai:29.09.2020

Actor and DMDK leader Vijayakant’s wife Premalatha has tested positive for Covid-19. She has been admitted to the same ward where her husband in undergoing treatment, doctors in Chennai’s Miot Hospital said.

Premalatha was asymptomatic but she decided to get admitted because she wanted to take care of Vijayakant, they said.

On September 22, Vijayakant tested positive for the viral infection. “Both of them are doing well and are likely to be discharged in a couple of days,” a doctor said.

Tamil Nadu deputy chief minister O Panneerselvam tweeted wishing Premalatha, who is DMDK treasurer, a speedy recovery.

A medical bulletin issued by Miot on September 24 said Vijayakant was stable and was expected to make a full recovery.

On the same day, the DMDK issued a statement saying Vijayakant had mild symptoms. “Vijayakant undertakes complete health check-up once every six months. When he went to MIOT for check-up this time, it was detected that he had mild symptoms. He has been treated for it,” the party statement said.

Hospital didn’t detain SPB’s body, says son

Hospital didn’t detain SPB’s body, says son

TIMES NEWS NETWORK

Chennai:29.09.2020

Three days after the death of S P Balasubrahmanyam, his son S P Charan, said vice-president M Venkaiah Naidu’s daughter did not help his family in settling the bills nor did the hospital detain his father’s body till they paid up.

“We paid for the hospital now and then. Some part of my dad’s treatment was covered by the insurance. After his death we asked the hospital about settlement. Our accountant was there with some cash. But the hospital said the hospital chairman has decided not to take any more money from us,” said Charana, a singer and producer, at a press conference at the hospital along with the doctors. “There were social media messages saying my dad’s body was retained by the hospital. This did not happen,” he said.

SPB, who had tested positive for Covid-19 was admitted to the hospital on August 5. On August 13, when his condition deteriorated he was moved to the ICU. Following expert medical advice he was put on a ventilator and ECMO. Health minister C Vijayabaskar met the doctors at MGM with a medical expert team from the government. The minster had told the media that the state was willing to help SPB.

Charan said he recently called health secretary J Radhakrishnan seeking clarification on what kind of help the state government was willing to offer. He said he was told that the state government had offered to help in whatever way needed. “I asked if they meant financial help as well. Health secretary said he will get back to me at the earliest,” he said.

Earlier, Charan had released a video to scotch the rumours. “This hospital and its doctors have done their best for my father. There is no basis for all these rumours. It is sad that it has to come at a time when we are grieving SPB’s loss,” he said.

Charan said his family has been clearing the air about various rumours ever since the admission. “We kept the press and people updated about my dad’s health. Sometimes we did not reveal some information because we did not want to panic people,” he said. For instance, the family decided not to announce that he had undergone tracheotomy because they were scared people would panic if he couldn't sing.

“My father died because of complications arising out of Covid, not because of Covid. The infection had destroyed the lungs. Doctors tried to help the organ heal, but it did not,” he said.

Online MBBS classes are not valid, says MCI

Sureshkumar.K@timesgroup.com

Chennai:29.09.2020

In a big setback for medical students attending college through online classes for the past six months in view of the pandemic, the Medical Council of India (MCI) has informed them that such classes are not recognised by the council.

The MCI has made the statement in reply to a representation made by students of SRM College and Hospital, Kattankulathur.

Informing the Madras high court about MCI’s stand, senior advocate R Vaigai said, “The MCI has informed the students that it does not recognise online teaching for medical courses. Students are worried about their future now.”

Vaigai made the submission on the batch of pleas moved by parents of the medical students challenging the college’s demand to pay full fees even for the lockdown period.

When the pleas came up for hearing, senior advocates T Ramanujam and A R L Sundresan, representing the college, submitted that the management has considered the representations of the parents and has decided to permit them to pay the fees in three instalments. “The first instalment of 40% of the total fee shall be paid by October 10 followed by two instalments of 30% each,” they said.

To this, Vaigai said that the MCI through a reply dated August 13 has informed the students that online classes are not recognised by it. The reply has put a question mark over the validity of the classes conducted by the college so far, she added.

Recording the same, Justice N Anand Venkatesh said if the MCI is not going to recognise online classes, then the whole point in conducting such classes becomes null and void.

Vaigai added that of ₹22.5 lakh fee to be paid for the current academic year about ₹3 lakh goes towards development charges and co-curricular activities. Since there is no scope for such activities ₹3 lakh has to be waived and that the college can only claim the tuition fee of ₹19.5 lakh.

“We are ready to pay 40% of the ₹19.5 lakh with the extension of last date to pay such fee from October 10 to 30. The court must also consider fixing 75% of the last annual fee as a fee for the current year as done in the cases of private schools by the court,” Vaigai said.

However, noting that all such issues can be discussed and decided in the due course, the judge said it would be appropriate to start by paying 40% of the actual fee on or before October 29.