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Bombay HC commutes death punishment to life for 3 in Shakti Mills gang-rape case

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 The Bombay High Court on Thursday commuted to rigorous life imprisonment the death sentences awarded to three repeat offenders, who were convicted for the brutal gang-rape of a photo-journalist in the Shakti Mills Compound in 2013.

A division bench of Justice S.S. Jadhav and Justice P.K. Chavan, while upholding the conviction, commuted the trial court’s 2014 order of Principal Judge Shalini Phansalkar-Joshi, giving the death penalty to the accused trio — Qasim Shaikh ‘Bengali’, 21, Salim Ansari, 28 and Vijay Jadhav, 19.

The verdict came in appeals filed by the three convicts, who — along with one Siraj Rehman Khan and an unidentified minor — were tried for the August 22, 2013 gang-rape which shook the nation.

The judges ruled that the Constitutional court cannot award punishment based on public opinion and though it may be contrary to the majority view, the court followed the procedure.

The three convicts — who became the first in the country to be awarded under the amended Indian Penal Code Section 376 (E) providing for life term in jail or death for rape cases or repeat offenders, in the wake of the Delhi Nirbhaya gang-rape case of December 2012 — shall not be entitled to furlough or parole while serving their rigorous imprisonment for life.

The incident took place late that evening when the young woman photo-journalist, along with a male colleague, was on an assignment to the defunct Shakti Mills Compound.

There, they were waylaid for the four young men and a minor boy, sparking a nationwide outrage, and the Mumbai Police managed to arrest all the accused within a week.

Subsequently, another victim, a 19-year old telephone operator also approached the police a month later to complain against the same five youngsters at the same venue on July 31, 2013, three weeks before the second incident.

Both the victim women identified the accused, and the two cases were heard simultaneously and in March 2014, the Sessions Court Principal Judge Phansalkar-Joshi found the four adults guilty in each case, while two minors were tried by the Juvenile Justice Board.

Subsequently, the prosecution sought permission to invoke the IPC Section 376(E) against the convicts which was allowed, the court sentenced the trio of Shaikh, Ansari and Jadhav to death as it was “the rarest of rare cases”, while one was awarded a life sentence.

In the Bombay High Court, the public prosecutor Deepak Salvi, along with Sanil Salvi argued for the highest punishment since it was the ‘rarest of rare cases’ as their acts amounted to devastation of social trust, led to a fear psychosis due to the brutal, barbaric and diabolical nature of the crime, all the accused threatening to kill the victim, committing the violence brutal sexual assault involving anal and oral sex.

The Amicus Curiae, advocate Yug M. Choudhary, assisted by lawyer Payoshi Roy — appointed for the accused — argued against the death sentence saying the accused were not given any opportunity to defend or reform themselves.

He explained how the accused were never exposed to any correctional influence, their socio-economic circumstance, no schooling, were used to a life of abject violence and did not deserve the death penalty especially when the maximum punishment for the offence was 20 years.

Crime

Mira-Bhayandar: Police Busts Illicit Liquor Brewing Den In Nallasopara

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Mira Bhayandar: Further tightening their screws against illicit liquor mafia ahead of the assembly elections scheduled to be held on 20, November, the Mira Road-based central crime branch unit attached to the Mira Bhayandar-Vasai (MBVV) police busted yet another massive illicit liquor brewing unit which was operating from a hillock in a dense jungle area in Nallasopara on Thursday.

Acting on a tip-off, a team led by assistant police inspector- Dattatray Sarak marched 2-kilometre-deep inside the jungle area located in the Dhaniv Baug area of Nallasopara (east) at around 8 am.

The team seized multiple barrels of hooch along with ingredients including 2,800 litres of fermented jaggery wash, 140 litres of liquor, chemicals and other manufacturing equipment collectively worth more than Rs. 1.42 lakh.

However, the den operator identified as- Prabhakar Bhoye and his employees managed to evade the police dragnet. The entire material and equipment were destroyed on the spot.

An offence under the relevant sections of the Maharashtra Prohibition Act-1949 for construction/works of any distillery or brewery and manufacturing intoxicants has been registered in this context at the Pelhar police station.

The consumption of illicit liquor which is unscientifically manufactured by using toxic chemicals like methanol and rectified spirit can cause deaths and other serious ailments including loss of eyesight. Further investigations were underway.

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Crime

Wildlife Smuggling Racket Busted: Rare Snakes, Reptiles, Caged Orangutan Rescued From Dombivli House

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Thane: In a significant operation exposing a wildlife smuggling racket, the Forest Officials rescued rare species of animals from a highrise in Dombivli. The officials raided an apartment in Palava City, Dombivli and found exotic animals including lizard, turtles, rare species snakes and other reptiles stored in the flat. Horrifying enough, the team found a monkey caged in the washroom of the apartment.

It was later confirmed that the rescued animals included Ignuana (lizard), an Orangutan and python. The operation was conducted by the Forest Range Officers from Thane and Kalyan along with a team from Manpada Police Station after a tip.

The officials did not find any accused present in the apartment at the time of the raid. A case under the Wildlife Protection Act 1972 has been registered and a search for the accused is underway. Meanwhile, the seized species are handed over to a local NGO on a temporary basis for observation.

The video of the forest officials raid surfaced on the internet shows a boy opening the door of the well-kept apartment. After entering the flat, the officials gradually come across wildlife species stores in small cage, plastic boxes piled up in the passage and shocking enough an Orangutan in washroom at the end of the apartment.

As per the statement issued by the police, the teams raided the 8th floor apartment in B wing of Savarna Building in Palava City, Dombivli. In the action, the exotic animals seized as prima facie identified as python, ignuana (lizard), turtle, snake etc. The seized wildlife species, on temporary basis, are handed over to Birsa Munda- a local NGO. The pachanama, documentation and search for the accused is underway, it added.

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Crime

Mumbai: Unidentified Body Of Man Chopped Into 7 Pieces Stuffed In Plastic Boxes Found Near Gorai Beach; Probe On

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Mumbai: The dismembered body of a man, estimated to be between 25 and 40 years old, was discovered in several plastic boxes on the side road which goes to Gorai Beach in Mumbai on Sunday.

Upon receiving the information, police arrived at the scene and took the body into custody. It was later sent for a post-mortem examination. The body has not yet been identified, and a case has been registered.

According to police, on Sunday, a male body was found near Picxy Hotel, Babar Pada, Gorai, Borivali West. The body was cut into seven parts and packed in four plastic boxes. The deceased, believed to be between 25 and 40 years old, was wearing dark blue jeans and black shoes. His right hand bore tattoos.

A resident named Santosh Shinde, 55, from Mira Road, informed the Gorai police after learning about the incident. The Gorai police recovered the body from Shefali village in the Babarpada area.

A forensic team is currently investigating the case, and inquiries are ongoing in the vicinity of the incident location. Police have stated that the recovered body remains unidentified. The Gorai police have registered a case, and further investigation is underway.

A special team has been formed to investigate, and information is being gathered from CCTV footage and nearby police stations to assist in identifying the body.

A police officer said that the body was sent to Bhagwati Hospital for a post-mortem. “We can’t conclude anything immediately, as we are still investigating the matter,” the officer said.

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