Friday, June 24, 2011

Man jailed for 7 yrs for raping, marrying and torturing cousin

New Delhi, Jun 23 (PTI)

A Delhi court has sentenced a man to seven years imprisonment for raping his cousin for over 12 years and torturing her after forcing her to marry him.

"Whatever the extent of the prohibition, incest is universally condemned and viewed with horror. The existing social, cultural and the law prohibits such a relationship and hence the question of consent in any incestuous relationship, if any, would not arise in cases of incest," Additional Sessions Judge (ASJ) Kamini Lau said, while jailing Tri Nagar resident Inderpreet Singh.

The court also imposed a fine of Rs 1.05 lakh on Singh stipulating that the same should be given to the victim.

The victim told the court that she was compelled to marry him in March 2008 after she became pregnant. After the marriage, her husband began physically assaulting and subjecting her to mental cruelty, she added.

"The victim of incestuous rape lacks self-confidence and is always under a sense of guilt and denial. Child sexual abuse is a rape of the mind and thought processes. The convict (Singh) before this court being the first cousin of the victim was in a position of trust and he exploited the family relationship," the court said.

Observing that the man being the son of the victim's uncle, the court said, "Where the elder cousin brother is the perpetrator of abuse on his cousin sister, he should not only be arrested but also punished sternly for offence of rape."

She alleged that Singh had been raping her since 1996 when she was just 15.

As per prosecution, Singh, 37, and the victim were living in a joint family and he used to teach her when she was preparing for her class 10th board exams.

http://www.deccanherald.com/content/171020/man-jailed-7-yrs-raping.html

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SEBI imposes Rs 14 cr penalty on two IPO scam financiers

PTI Jun 3, 2011, 06.11pm IST

MUMBAI: Market regulator Sebi today imposed a penalty of Rs 14 crore on Dushyant Natwarlal Dalal and Puloma Dushyant Dalal, the two financiers for unlawful gains made during the infamous IPO scam of 2003-05.

The two had been accused of making unlawful gains of over 4.94 crore by cornering shares of various companies meant for retail individual investors and the penalty is three times of the amount.

"...considering all the said facts, it is felt that a consolidated penalty of Rs 14 crore on the noticees (Dushyant Natwarlal Dalal and Puloma Dushyant Dalal), which is approximately three times of the unlawful gains made by them, shall be commensurate with the violations committed by them," the Securities and Exchange Board of India said in an order.

The two have been directed to pay up the penalty within 45 days either jointly or individually.

The Dalals had been charged with being financiers to two key operators -- Sugandh Estates and Investments Pvt Ltd and Purshottam Budhwani.

The key operators had allegedly opened large number of demat accounts in the name of non-existent persons or name lenders and acquired shares of various companies by making applications in fictitious names.

The key operators subsequently transferred these shares through off-market deals to ultimate beneficiaries who had acted as financiers.

The Dalals were charged with being parties to such unlawful act of cornering shares and acting in connivance with others to make unlawful gains at the cost of other individual investors.

IPOs of major firms like IL&FS, IDFC, FSC Software Solutions, Gateway Distriparks, Provogue, MSP Steel, Nectar Lifesciences, Shoppers' Stop and Suzlon were targeted by the two key operators the Dalals had connived with.

SEBI said: "... the noticees provided an aggregate of about Rs 85 crore towards subscription of these IPOs without any security and documentation. They received back the money in cash or in kind (i.e. by way of shares)".

It said that the manner and movement of shares and funds transferred clearly indicate that the transactions were not "normal lending".

http://articles.economictimes.indiatimes.com/2011-06-03/news/29617098_1_ipo-scam-sugandh-estates-unlawful-gains

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Friday, June 10, 2011

Centre-court partnership clicks, 6.5 lakh undertrials freed

Nagendar Sharma, Hindustan Times, New Delhi, June 02, 2011

 For the first time, a joint initiative of the government and high courts has resulted in freedom from jails for around 6.5 lakh undertrials across the country in the short period of just 14 months. 

In a letter to chief justices of all the 21 HCs congratulating them for the success of the special drive, law minister M Veerappa Moily has advised them to encourage trials through video conferencing to cut down the delays in deciding cases of undertrials lodged in jails.

According to official figures cited in the letter, seven lakh cases, which were taken up between January 26 last year to May 31 this year involving the undertrials, resulted in around 6.5 lakh undertrials being released from jails while 68,744 were convicted for offences committed by them.

The latest figures show that out of a million (10 lakh) undertials lodged in jails when the special drive to reduce congestion in jails was launched last year, now only 2.25 lakh of them remain behind the bars.

“It has been seen in majority of cases that the undertrials languishing in jails were accused of committing petty offences and were unable to come out because of stringent bail conditions,” Moily said.

“Having been encouraged with the kind of performance under the leadership of all the chief justices of high courts, fully supported by the subordinate courts and also the state governments, I would urge all of you to further step up the programme," Moily wrote.

The law minister has suggested to the chief justices and state governments to seize the opportunity by utilising the funds provided by the Centre for the electronic courts project.

“Video conferencing facilities are being provided to the district courts and the extent possible to the jails. This facility can be effectively utilised for reducing the number of undertrials and also speeding up the trials,” the minister stated.http://www.hindustantimes.com/Images/HTEditImages/Images/03_06_11-metro-9.jpg

“The concept of video conferencing will ensure that the delays in disposal of bail applications of undertrials and hearing of cases is reduced to a large extent,” Moily wrote.

A background paper prepared by the law ministry has cited many reasons for its stress on trials through video conferencing. “It saves time and manpower spent on transporting the accused to courts and in providing security to them. This procedure also reduces interference by the media,” it stated.


http://www.hindustantimes.com/Centre-court-partnership-clicks-6-5-lakh-undertrials-freed/Article1-704959.aspx

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Court awards Rs 30 lakh to businessman paralysed in mishap

New Delhi, Jun 3 (PTI): A 51-year-old businessman, rendered bed-ridden for life due to paralysis because of spinal cord injuries sustained in a motorbike accident last year, has been awarded over Rs 30 lakh as damages by a road mishap tribunal.

"I award Rs 30,80,047 as compensation," said MACT Judge Sanjay Kumar Aggarwal, directing Bajaj Allianz General Insurance Company Ltd, which had insured the offending vehicle, to pay the amount to the victim.

The court awarded damages to Paharganj businessman Vinod Kumar Aggarwal, saying the driver of the offending motorcycle was driving in a rash and negligent manner.

The victim told the court that on the night of April 1, 2010, he was going towards Mayapuri flyover while riding pillion on a motorcycle, which was hit by another motorcycle from behind.

It resulted in his motorcycle loosing its balance and he fell off it and received grievous spinal cord injuries, leading to paralysis affecting his legs and had to be admitted at Indian Spinal Centre in Vasant Kunj for treatment.

"Aggarwal will have to remain on bed throughout life and will require an attendant. He will have to suffer hardship, inconvenience, discomfort and mental stress in life. One can very well imagine the career he could have gained as he was having his own business. He has lost the aspirations of his family and the mental pleasure due to which he becomes entitled for damages for mental and physical loss and loss of enjoyment of life which curtailed because of his physically handicapped," the judge said.

http://www.anhourago.in/show.aspx?l=8629005&d=502

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Jail inmates beat doctor to death in Gopalgunj, Bihar

Alok Pandey, May 30, 2011


Gopalgunj:  Right inside the high-security Gopalgunj District Jail, in the presence of four guards, seven prisoners beat a doctor, Dr BD Singh, to death.

Instead of raising an alarm the guards ran away.

''They are accused of kidnapping for ransom of a school boy that happened in 2009. Eight of them are serving life sentence. One of the main accused was allegedly said to be suffering from chicken pox. They called the doctor and told him that the man's condition is very serious,'' said K S Anupam, Superintendent of Police, Gopalgunj.

''It was all pre-planned. When the doctor went to treat the prisoner, the prisoners attacked him from behind. Compared to the number of prisoners, there were only four guards. What could they do? So they ran away,'' said Arjun, one of the relatives of the doctor.

The attackers were allegedly upset with Dr Singh because he had refused to issue them permission to be treated outside jail, where they could connect with their criminal friends better. 

The police say they have no jurisdiction inside jails and can't account for this security breakdown.

But the question remains what about the District Administration that had received letters from the doctor saying he feared for his life.

''They had threatened to kill him. So he wrote to the district administration seeking help, but the officials did not pay any attention,'' said P D Singh, the brother of the doctor who died.

''If the relatives have proof that Dr Singh had sent a written complaint, let them show it to us. We have no such information. There is no breakdown of law and order in the state,'' said Amir Subhani, Bihar Home Secretary.

Bihar was synonymous with Goondaraj for decades, a tag Nitish Kumar has fought very hard to shed.

The Gopalgunj jail murder is a big jolt to Nitish Kumar's law and order record.
 
http://www.ndtv.com/article/cities/jail-inmates-beat-doctor-to-death-in-gopalgunj-bihar-108966

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Thursday, June 02, 2011

Ex-INLD legislator Bali finally surrenders

Express news service, Sat, May 28, 2011, Chandigarh:

After daring the Haryana Police for about three weeks, former Indian National Lok Dal (INLD) MLA from Meham Balbir Singh aka Bali Pahalwan finally surrendered before the police at Rohtak on Friday afternoon. Pahalwan, along with 20 others, was allegedly involved in an indiscriminate firing at Kalanaur grain market on May 5, leaving one person dead and eight injured.

He was taken into custody soon after his surrender along with his two accomplices Pawan and Dinesh. The former MLA also submitted four weapons, including three in his name. One was found to be without any authorisation.

Sources disclosed that Bali’s arms licence was not renewed after 2006 which makes the weapons in his possession illegal. Incidentally, Vishnu, who died in the May 5 incident, was shot using a .315 bore rifle. “It is yet to be verified if Bali’s arms licence was not renewed. His weapons will also be examined to ascertain if the bullet which killed Vishnu was fired from one of his weapons,” said Additional Director General of Police (law and order) B S Sandhu.

Hundreds of Bali’s supporters accompanied him in cars, jeeps, tractors, trolleys, buses and trucks to the office of V Kamaraja, Inspector General of Police, Rohtak range, where he surrendered at around 2.30 pm. His supporters kept on sitting outside the IGP’s office, till they were finally dispersed by the police, assuring a fair and impartial probe in the case.

The Haryana Police’s senior officers, including DGP Ranjiv Dalal and Sandhu, had been camping in Rohtak for the past three days to oversee Bali’s arrest. “We always wanted to avoid any commotion in the area, thus gave him time to come out of his hideout on his own and surrender. His movement was as such restricted. He finally surrendered,” Sandhu told The Indian Express.

Pahalwan and his two associates will produced in the court on Saturday.

So far, the police have arrested 15 accused on the charges of murder, attempt to murder and firing gunshots in the case.

http://www.indianexpress.com/news/exinld-legislator-bali-finally-surrenders/796483/0

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9 judges penalised, 30 face probe in MP

Milind Ghatwai, Sat, May 28, 2011, Bhopal:

Three judges have been sacked for moral turpitude and six others ordered compulsory retirement by the Madhya Pradesh High Court.

At least 30 district and subordinate judges in the state are facing inquiries, and action would be taken against them shortly, sources told The Indian Express on Friday.

Three civil judges were removed from service on charges like coming to work drunk, throwing their weight during train travel and assuming a false identity while complaining about a fellow judge. Civil Judge Vijay Kumar Singh was sacked for beating up a TTE when he was posted at Shujalpur. A departmental inquiry held him guilty and deprived him of two increments.

Another probe was ordered following complaints that he was often found drunk in public leading to his removal from service, Principal Registrar (Inspection and Vigilance) K D Khan said.

Another civil judge, M M Khan, was penalised for impersonating as a DFO while complaining about an additional district judge for illegal tree-felling. Khan had called up two HC registrars when he was posted at Jabalpur, the principal seat of the HC.

Nitin Kumre, a civil judge on probation, was accused of instigating a peon to commit suicide. Kumre did not complete his probation.

The action against the three follows termination of a judicial magistrate, Inder Singh Malviya, who had demanded dowry and beat up his would-be wife in the marriage hall in Dewas.

http://www.indianexpress.com/news/9-judges-penalised--30-face-probe-in-MP/796465/

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Court awards Rs 37-lakh aid to driver’s family

Express News Service, May 28, 2011, New Delhi

The relatives of a 35-year-old driver, who was killed in an accident, have been awarded compensation of over Rs 37 lakh by a tribunal.

“The accident occurred due to the rash and negligent driving of the truck driver. There is sufficient evidence on record to show the involvement of the truck, which caused the victim’s death,” Motor Accident Claim Tribunal Judge Rajiv Mehra said, awarding over Rs 37 lakh as compensation to the family of the victim, Harish Chandra.

The accident occurred on May 1, 2008, when Chandra’s bus was stuck in a drain near Karkardooma and a truck was summoned to pull it out. Chandra was standing between the two vehicles, trying to link them with a chain, when the truck driver, Rishi Pal, stepped on the accelerator and crushed him between the two vehicles.

He was rushed to the nearby Shanti Mukand Hospital, where he succumbed to his injuries.

Discarding the arguments of Pal and truck owner Rajinder Singh that the accident had occurred due to Chandra’s negligence as well, the court said there was no proof of any contributory negligence on the part of the victim.

The court directed Bajaj Allianz General Insurance Company Ltd, with which the truck was insured, to pay the compensation. “The insurance policy does not put any restriction in towing away of a disabled vehicle,” the court said, adding that even the Motor Vehicle Act says that a transport vehicle can be used to tow away another one and no separate permit is required for this purpose. The MACT ruled that compensation would be given to victim’s wife, children and parents.

http://www.expressindia.com/latest-news/court-awards-rs-37lakh-aid-to-drivers-family/796455/

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Court fines SHO for not verifying death of robbery case accused

Express News Service, Sat, May 28 2011, New Delhi:

A Delhi court imposed a fine of Rs 10,000 on a police officer for his failure to verify whether the accused in a robbery case was actually dead or just trying to avoid court by feigning death.

The accused, Shibu Kumar, was facing trial before the court.

“I impose a cost of Rs 10,000 on the Station House Officer (SHO) of the Keshavpuram police station. The fine shall be deducted from his salary. A copy of this order (should) be sent to the Commissioner of Police for compliance,” Additional Sessions Judge Sanjay Kumar said.

On April 30, the judge had ordered the SHO to depute a sub-inspector rank official to verify if Kumar was actually dead. Facing trial for his involvement in a robbery case along with two others, Kumar was granted bail earlier but had stopped attending court as his counsel submitted that he was dead.

The court had then ordered the Keshavpuram police to verify if he was actually dead. The police, in turn, entrusted the job to a trainee police official.

The trainee official, on April 30, appeared before the court with a purported death verification report of the accused. The report, however, did not have the correct name of the accused mentioned on it.

This prompted the court to specifically ask the SHO to entrust the task to an official of sub-inspector rank so that he could produce either the mother, father, brother or wife of accused Shibu with documents to prove that he was indeed dead.

But the SHO failed to comply with the order by May 20, the next date of hearing. The court has directed the DCP (Northwest) to depute an inspector-rank official now.

http://www.indianexpress.com/news/court-fines-sho-for-not-verifying-death-of-robbery-case-accused/796466/0

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8 years on, stepfather among 2 convicted for murder of teenager

Pragya Kaushika, Wed, Jun 01 2011, Ghaziabad:

It took Seema Kumari eight years to get justice for her murdered teenage daughter. A Special CBI court in Ghaziabad, on Tuesday, convicted her second husband Chandrabhan Pandey and his brother Surajbhan of murder, conspiracy and destruction of evidence. The sentence will be pronounced on Wednesday.

The body of the victim was never found.

“I never had a chance to live my life after my family arranged my second marriage with Chandrabhan. He wanted my house and when I refused, he killed my daughter. I fought for eight years to have the culprits pay for their crime,” said Seema, mother of 14-year-old Khushboo, who was murdered in 2003.

According to S Islam, senior public prosecutor, CBI, Seema, an assistant accountant with a private firm, married Pandey, an electrician, after getting separated from her first husband, with whom she had had Khushboo. Seema, Pandey and Khushboo started living together at Swaroop Park in Sahibabad.

The house belonged to Seema, and Pandey gradually began to pressurise her to get the house transferred in his name, which Seema refused to do, the CBI counsel stated. According to the chargesheet filed in the court, on April 21, 2003, when Seema returned from work, she could not find her daughter. She finally lodged a complaint with the Sahibabad police on June 16, 2003.

In 2005, the Allahabad High Court directed the CBI to investigate the matter.

Senior public prosecutor Islam said after submitting the statement of 21 witnesses, CBI told the court that Khushboo’s step-father Chandrabhan Pandey strangulated her with the help of his brother Surajbhan. During investigation, the brothers said they had dumped the body near G T Road, but it could not be found.

http://www.anhourago.in/show.aspx?l=8615452&d=502

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Five cops get jail for custody death

New Delhi: A Delhi court on Tuesday sentenced five policemen to varying jail terms for causing the death of a youth in custody. Additional Sessions Judge K S Mohi awarded five-year jail terms to ASI Chaman Lal and three constables — Devender Singh, Surender Singh and Suresh Kumar — while head constable Ramesh Chand was sent to jail for three years. All policemen were suspended earlier. The court also imposed a fine of Rs 2,000 on Chaman Lal who was held guilty of culpable homicide not amounting to murder and destruction of evidence. Lal and other accused, posted at Patel Nagar, had picked up victim Madan Lal on suspicion of theft in 1993. According to the prosecution, Madan Lal was tortured inside the police station, leading to his death in November 1993. 

http://www.expressindia.com/latest-news/around-town/797861/

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