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Tuesday,12-November-2024
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SC orders release of death row convict found to be juvenile at the time of crime

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The Supreme Court has set side the death sentence of a rape-murder convict, after it was established that he was a juvenile on the date of commission of the offence.

A top court bench of justices B.R. Gavai, Vikram Nath and Sanjay Karol said: “The conviction of the appellant is upheld; however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the Juvenile Justice Board (JJB) or any other child care facility or institution. The appellant is in judicial custody. He shall be released forthwith.”

The apex court affirmed the trial court order convicting him for the offence of rape and murder, but set aside the death sentence awarded to the accused, convicted in a December 2017 rape and murder case in Madhya Pradesh.

The bench noted that it is of the view that merits of the conviction could be tested and the conviction which was recorded cannot be held to be vitiated in law merely because the inquiry was not conducted by the JJB.

“It is only the question of sentence for which the provisions of the Juvenile Justice (Care and Protection) Act, 2015, would be attracted and any sentence in excess of what is permissible under the 2015 Act will have to be accordingly amended as per the provisions of the 2015 Act. Otherwise, the accused, who has committed a heinous offence and who did not claim juvenility before the trial court, would be allowed to go scot-free,” added the bench.

The top court judgment came on a man’s plea challenging the Madhya Pradesh High Court’s order dated November 15, 2018. The Indore bench of the high court had upheld the death sentence awarded by the lower court and dismissed the appeal filed by the appellant challenging his conviction and sentence.

The accused, during the pendency of these appeals, moved an application claiming juvenility and consequently the benefits available under the provisions of the 2015 Act.

The bench said the appellant is held to be less than 16 years, and therefore, the maximum punishment that could be awarded is up to three years.

“The appellant has already undergone more than five years. His incarceration beyond three years would be illegal, and therefore, he would be liable to be released forthwith on this count also,” it added.

The bench considered a report from the Court of First Additional Sessions Judge, Manawar, Dhar district, Madhya Pradesh, dated October 27, 2022 along with all the material evidence both documentary and oral adduced before it on the basis of which the report has been submitted.

The top court accepted the trial court report and held that the appellant was aged 15 years, four months and 20 days on the date of the incident.

It added, “It would also be pertinent to notice that the institution is not a private institution, but a government primary school and this court does not find any reason to disbelieve or even doubt the testimony of government servants both working and retired.”

The bench noted, “The intention of the legislature is to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.”

Entertainment

Mithun Chakraborty’s Wallet Gets Stolen During BJP Roadshow In Jharkhand, Organisers Request Pickpockets To Return It

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Actor-turned-politician Mithun Chakraborty found himself in a sticky situation after his wallet was stolen from his pocket during his mega roadshow in Jharkhand on Tuesday. The actor campaigned for BJP in Dhanbad, Jharkhand, and that is when he got pickpocketed, leaving the organisers red-faced.

A video from the rally has now gone viral in which the organisers and other BJP karyakartas can be heard repeatedly requesting the pickpockets to return the veteran star’s wallet. “Whoever has stolen the wallet, please return it to Mithun Da,” a BJP member was seen urging the crowd.

Despite repeated pleas, the wallet was not returned.

Chakraborty led a massive roadshow in the Nirsa Assembly area of Jharkhand to extend his support to BJP candidate Aparna Sen Gupta. Thousands of people gathered at the venue to catch one glimpse of the star, and it led to major chaos and mismanagement at the spot.

Despite security forces in place, the crowd went out of control and rushed towards the stage to click photos and videos of the actor and see him from up close. It was during this chaos that Chakraborty’s wallet was stolen.

Disappointed by the fiasco, Chakraborty concluded the event sooner than expected and rushed back to safety.

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National News

Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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