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Crime

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

A powerful explosion near Delhi’s Red Fort… High alert across Delhi after the blast; 8 people killed; forensic team arrives at the scene.

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New Delhi: A car explosion near Gate No. 1 of the Red Fort Metro Station on Monday evening caused widespread panic. The force of the blast was so intense that a part of the car landed on the Lal Mandir, located near the Red Fort. The temple’s glass shattered, and doors and windows of several nearby shops were damaged. Several people were reported injured in the incident.

Immediately after the blast, fires were reported in nearby shops. Tremors were felt as far as the Bhagirath Palace area of ​​Chandni Chowk, and shopkeepers were seen calling each other to inquire about the situation. Several buses and other vehicles were also reported to have caught fire.

The fire department received a call about the car explosion in the evening. Following this, it immediately dispatched six ambulances and seven fire tenders to the scene. Relief and rescue operations are underway, and efforts are underway to control the fire.

The cause of the explosion is still unknown. Police have cordoned off the area, and investigating agencies are gathering evidence at the scene. Initial reports suggest the explosion occurred in a car, but its nature and cause are still unclear. Security has been increased throughout the Red Fort and Chandni Chowk areas following the incident.

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Crime

Thane: Man Stabbed To Death In Dombivali Hotel After Minor Altercation

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Thane: A man was stabbed to death in Dombivali in Thane district during an altercation after he accidentally brushed against another person, a police official said on Monday.

The incident took place in a hotel in the early hours of Sunday in MIDC Phase 1 area, the Manpada police station official said.

“Akash Bhanu Singh (38) and his friends were having dinner at the hotel when he accidentally brushed against the accused, who picked up a fight. He along with some others stabbed Singh to death. Two of Singh’s friends, who tried to save him, also sustained injuries and have been hospitalised,” the official said.

Four persons were booked under Bharatiya Nyaya Sanhita sections for murder and other offences, though no arrest has been made, he said.

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Crime

‘Don’t You Know Marathi?’: Vadapav Vendor & Two Others Assaulted By Four Men Over Language Dispute In Kalyan

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Mumbai: In a troubling incident on Sunday night in Kalyan East near Chakkinaaka and Santoshnagar, a vadapav vendor and two of his companions were brutally assaulted by four men. The attack occurred after the assailants asked the vendor, “Do you know how to speak Marathi?” and began the assault when he did not respond affirmatively.

The vendor, identified as Vishnu Thapa, and his co-workers told police at the Colsewadi station that they work at a small eatery named Riddhi Bhojanalay. Around 8 pm two unknown men arrived at the shop, ate food and left. They returned shortly after and confronted Thapa with the question “Marathi ye­t nahi ka?” (“Don’t you know Marathi?”). Without waiting for a response they started beating him. He suffered serious injury to his nose in the first attack.

After the two men left, Thapa and his colleagues resumed work. Minutes later the men returned, this time bringing two others. The group of four again raised the language question and launched a fresh attack. Co-worker Madan Thapa was hit with a stone slab. Another colleague, Ali Khan, had his mobile phone smashed to the floor amid the chaos. The assailants also vandalised the shop, throwing food, utensils and trays outside.

The three victims were taken to hospital for treatment. A First Information Report has been registered at the Colsewadi police station and investigations are underway, with Police Constable Jadhav assigned to the case. Locals say the area has long been troubled by harassment of street vendors and extortion attempts; some offenders had been removed by police about 18 months ago.

The incident has raised serious concerns among workers and local vendors who feel vulnerable in the wake of such attacks. For many migrants eating and operating in the city, language and region should not become triggers for violence. City police have been urged to increase patrols in the zone and ensure protection for small street-vendors, especially during late evening hours.

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