HC acquits man convicted of raping teen for want of proof

HC acquits man convicted of raping teen for want of proof

Vaibhav.Ganjapure@timesgroup.com

Nagpur: 04.02.2021

The Nagpur bench of the Bombay high court has acquitted a 27-year-old man convicted of raping a 17-year-old girl multiple times over two months, citing the prosecution’s failure to produce conclusive evidence of sexual assault and its link to the survivor’s subsequent pregnancy.

“Except the survivor’s statement with regard to sexual intercourse at the house of the accused’s sister, there’s absolutely nothing supporting the prosecution’s contention of rape. Only on the basis of allegations of sexual intercourse on many occasions, it would be highly irrational to convict the accused of rape and sentence him to 10 years’ imprisonment,” Justice Pushpa Ganediwala ruled.

According to the judge, a survivor’s testimony alone was sufficient for conviction, provided it “inspires confidence” in the court.

“Given the facts and circumstances, this court is of the opinion that the prosecution couldn’t establish beyond reasonable doubt the offence of rape against the accused,” Justice Ganediwala said.

The Hinganghat sessions court in Wardha had convicted and sentenced petitioner Jageshwar Kawle under Section 376(2)(n) of the IPC (repeated rape) and sections 5 and 6 of the Pocso Act (aggravated penetrative sexual assault on a minor).

Justice Pushpa Ganediwala said that the prosecution couldn’t establish beyond reasonable doubt the offence of rape against the accused

Civic edu official mistakes sanitiser for water, drinks it

Civic edu official mistakes sanitiser for water, drinks it

04.02.2021

Joint municipal commissioner (Education) Ramesh Pawar drank sanitiser from a bottle mistaking it for water while presenting BMC’s education budget on Wednesday. While speaking, Pawar picked up a bottle to have water. The bottle contained sanitiser, but Pawar spat it out immediately. He continued with the presentation and had no health issues, said officials.

BMC officials said that water bottles and sanitisers were kept on the table and both the bottles looked identical. TNN

UGC hostel rules run into host of practical problems

UGC hostel rules run into host of practical problems

Ardhra.Nair@timesgroup.com

Pune: 04.02.2021

The standard operating procedures for colleges to reopen, published by University Grants Commission last year in the wake of Covid 19 pandemic, is causing stress to universities and higher education institutions as it stipulates only one person per hostel room.

Every institution should regularly monitor the health of its students, faculty, and staff who should also be sensitized on self-monitoring of their health, the rules said.

The hostels in the universities and colleges are woefully short, and most rooms are shared by more than three students.

However, UGC vice-chairman, Bhushan Patwardhan, said these were guidelines and decisions can be taken at the local level based on the conditions and safety of students.

Nitin Karmalkar, vicechancellor of SPPU, said while the university is already prepared for the reopening and has an SoP for all sections of the campus, the problematic part would be the hostels.

“We have a large number of students coming from outside the city and even if we keep theory classes online as much as possible, there is no alternative to practical classes in the laboratory. For students living in other districts or states, it will not be feasible and will also be risky if they have to be called in batches and have to travel frequently. Hence, staying in hostels is the only option. But if the one person per room rule is applied, then we will be short of rooms. So, we are going to write to the UGC appealing for an amendment in that clause so that when colleges reopen, students have a secure place to stay,” Karmalkar said.

Vidya Yeravdekar, principal director of Symbiosis Society, said at the moment they have reopened the Symbiosis Medical College for Women, and are providing accommodation as per one person per room norm.

“However, these are young women who have just completed their standard XII and many of them are new to the city and living away from their parents for the first time. Hence, they want to have room mates so that there is no feeling of loneliness. Our hostel rooms are big enough to accommodate two people while maintaining enough social distancing. We would also be writing to the UGC to see if two persons per room will be allowed especially when there is enough space in the room,” Yeravdekar said.

Patwardhan said they are not revisiting the guidelines. “We have given enough freedom to universities to make local decisions based on the situation in the area. They can also innovate. If they decide to keep two students in a room and their Covid-19 test is negative, then there is no problem. There is flexibility and freedom given to them and they can decide to keep the best interest of students,” he said.

No HC relief for man who faked identity to sexually exploit woman

No HC relief for man who faked identity to sexually exploit woman

Abhinav.Garg@timesgroup.com

New Delhi:  04.02.2021

A man who faked his identity to allegedly sexually exploit a woman for years on the false promise of marriage will now be tried for rape, even though the couple claimed to have reached a compromise.

Delhi High Court this week dismissed a plea to quash the FIR registered for rape and forgery, after it found that the accused, Akhtar, not only forged his marriage certificate but also Aadhaar card.

“It is the allegation of the complainant that the petitioner Akhtar falsely represented himself as Shiva and promised marriage to her and had a physical relationship with her. The marriage certificate is found to be a fake one and in any event, the petitioner could not have married her in Arya Samaj Mandir according to Hindu Vedic rites and customs,” justice Subramonium Prasad noted, rejecting the compromise bid.

The couple cited a compromise deed where the woman said she had accepted her fate and wanted a peaceful married life with Akhtar.

But the court was not convinced. Justice Prasad observed that “it is evident that the petitioner has been accused of serious offences like rape and forgery having a bearing on vital societal interest and these offences cannot be construed to be merely private or civil disputes but rather will have an effect on the society at large. In crimes, which seriously endanger the well-being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably.”

According to the FIR lodged in December last year at Prem Nagar police station, the woman complained that Akhtar met her posing as Shiva and he promised to marry her five years ago. The couple had a physical relationship but the woman was shocked to realise his identity as Akhtar when he disclosed it after marrying her at a temple. The woman also claimed in the FIR that after the marriage, the accused started demanding money and when she visited his parents, she was driven away by them. Nearly a month after recording her statement before a magistrate, the woman agreed to a compromise deed.

In its probe report, police told the court that the accused hid his identity and was sexually exploiting the victim for five years. They further alleged Akhtar even forged his marriage certificate and had two Aadhar cards—one in the name of Shiva and the other as Akhtar.

“This court is not in a position to quash the FIR on the basis of compromise entered into between the parties where it is stated that the accused and the complaint have decided to stay as husband and wife and lead their peaceful marital life,” the high court said.

DELHI HIGH COURT SAYS

In crimes that endanger the well-being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably

Study shows Oxford vaccine slows transmission of the virus

A SHOT OF HOPE

Study shows Oxford vaccine slows transmission of the virus

But Scientists Caution That More Analysis Of The Data Needed

04.02.2021

The vaccine developed by the University of Oxford and AstraZeneca not only protects people from serious illness and death but also substantially slows the transmission of the virus, according to a new study — a finding that underscores the importance of mass vaccination as a path out of the pandemic. The study by researchers at the University of Oxford is the first to document evidence that any coronavirus vaccine can reduce transmission of the virus.

Researchers measured the impact on transmission

by swabbing participants every week seeking to detect signs of the virus. If there is no virus present, even if someone is infected, it cannot be spread. And they found a 67 percent reduction in positive swabs among those vaccinated. The results, detailed by Oxford and AstraZeneca researchers in a manuscript that has not been peer-reviewed, found that the vaccine could cut transmission by nearly two-thirds. Matt Hancock, the British health secretary, hailed the results on Wednesday as “absolutely superb.” “We now know that the Oxford vaccine also reduces transmission and that will help us all get out of this pandemic,” Mr. Hancock said in an interview Wednesday morning with the BBC.

The results, he said, “should give everyone confidence that this jab works not only to keep you safe but to keep you from passing on the virus to others.”

Some scientists looking at the limited information released cautioned that more analysis of the data was needed before such broad conclusions could be firmly stated.

“While this would be extremely welcome news, we do need more data before this can be confirmed and so it’s important that we all still continue to follow social distancing guidance after we have been vaccinated,” said Dr. Doug Brown, chief executive of the British Society for Immunology. The Oxford and AstraZeneca researchers also found that a single dose of the vaccine was 76 percent effective at preventing Covid-19. The data measured the three months after the first shot was given, not including an initial three-week period needed for protection to take effect. The encouraging results, lend support to the strategy deployed by Britain and other countries to prioritize providing as many first doses of vaccines as possible, setting aside concerns that people will get their second doses later than initially planned. The latest data do not have bearing on the debate over whether to further space out the doses of the two vaccines authorized in the United States, those from Pfizer-BioNTech and Moderna, since the data on AstraZeneca’s candidate cannot be generalized to other vaccines.

Some scientists have called on the United States to follow the lead of Britain and other countries that have opted to delay the second doses of vaccines by up to 12 weeks. But U.S. federal officials have resisted. AGENCIES

Researchers measured the impact on transmission and found a 67 % reduction in positive swabs among those vaccinated

RGUHS official cheated of ₹70L

FAKE PROMISE

RGUHS official cheated of ₹70L

TIMES NEWS NETWORK

Bengaluru:  04.02.2021

An assistant registrar with Rajiv Gandhi University of Health Sciences (RGUHS), Jayanagar filed a criminal complaint against a couple, accusing them of duping her of Rs 70 lakh on the pretext of getting her work done through ministers known to them.

Dr Prabha, 43, identified the accused as Manjunath and his wife M Lakshmi Priya, residents of Hebbal. Manjunath is first division assistant with the animal husbandry and veterinary department. Dr Prabha told cops that Manjunath is a close relative.

However, she did not mention in the FIR the nature of work for which she gave money to Manjunath.

Computer operator forges documents

A panchayat development officer of Anneshwara gram panchayat, Devanahalli, filed a complaint against his computer operator for forging documents to enrol herself on the regular staff list and become eligible for better salary and more perks.

PDO Kumar identified the accused as R Renuka, an on-contract staffer.

“Renuka forged documents, including the attendance register and salary slips. I have been told to initiate legal action against her under the Karnataka Panchayat Raj Act, 1993 and place her under suspension,” the complaint filed by the PDO with police read.

Tejas Exp to resume

Tejas Exp to resume

Ahmedabad: 04.02.2021

The IRCTC (Indian Railway Catering and Tourism Corporation) will start operating the Tejas Express on the Ahmedabad-Mumbai route from February 14. The Mumbai-Ahmedabad Tejas Express was stopped from November 24 last year due to poor occupancy. Railway officials said that the IRCTC has now decided to run the train four days a week — Friday, Saturday, Sunday, and Monday — with the same stoppages and timings. The officials said that Covid safety protocols will be in place for the service including safety kits for all passengers and disinfecting the train before the journeys. The IRCTC had started the service on October 17 last year. But barely a month later, the train’s occupancy fell to about 35%. TNN