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

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
Tahawwur Rana denies role in Mumbai terror attack during interrogation (Ld)

Mumbai, April 26: Tahawwur Rana, the Pakistani-Canadian national accused of involvement in the 26/11 Mumbai terror attack, has denied any role in the conspiracy during his interrogation by the Mumbai Crime Branch.
According to senior officials, Rana, who is currently in the custody of the National Investigation Agency (NIA) in Delhi, was questioned for over eight hours by a team of Mumbai Police officers.
During the interrogation, Rana distanced himself from the attacks that claimed over 166 lives and injured hundreds on November 26, 2008.
Rana reportedly told investigators that he had “no connection whatsoever” with the planning or execution of the attack.
He also claimed that his childhood friend and co-accused, David Coleman Headley, was solely responsible for the reconnaissance and planning aspects.
Headley, who turned approver in the case, had earlier admitted to conducting recce missions across India, including in Mumbai, on behalf of Lashkar-e-Taiba (LeT).
During questioning, Rana said that apart from Mumbai and Delhi, he had also travelled to Kerala.
When asked about the purpose of his visit to Kerala, he claimed he had gone there to meet a known acquaintance and had provided the individual’s name and address to the agency.
Following this, sources said a team from the Mumbai Crime Branch may soon travel to Kerala to verify his claims and question the said person.
Officials revealed that Rana was largely uncooperative during the interrogation and frequently gave evasive answers.
He also cited memory lapses, stating that he was unable to recall specific details related to the attack that occurred over 17 years ago.
The interrogation is part of an ongoing probe by the NIA into the extensive three-year groundwork carried out by Lashkar-e-Taiba and Pakistan’s Inter-Services Intelligence (ISI) prior to the Mumbai terror attacks.
Rana is also being questioned about his alleged links to several individuals whose names surfaced in intercepted communications, including Abdur Rehman Hashim Syed, Sajid Majid, Ilyas Kashmiri, and Zaki-ur-Rehman Lakhvi — all of whom are believed to have played crucial roles in the 26/11 conspiracy.
Rana, a former officer of the Pakistan Army’s Medical Corps, was extradited to India from the United States recently to face justice in the Mumbai attack case.
Crime
‘Rise against your govt, army for encouraging terrorism,’ Sunni cleric’s appeal to Pakistanis

Lucknow, April 24: In a strong condemnation of the Pahalgam terror attack, senior Sunni cleric and Imam of Aishbagh Eidgah, Maulana Khalid Rashid Firangi Mahali, on Thursday called on the people of Pakistan to rise against their government and military for facilitating acts of terror on Indian soil.
The remarks come after 26 people, most of them tourists, were gunned down in a brutal targeted terror attack in Jammu and Kashmir’s Baisaran Valley near Pahalgam on Tuesday.
The Resistance Front, a Pakistan-based terror outfit and offshoot of the proscribed Lashkar-e-Taiba, is suspected to be behind the massacre.
Speaking to Media, Firangi Mahali said, “The people of Pakistan should understand that no one will support such activities. They should raise their voices against their own government and army, which are encouraging these acts of terrorism.”
The Cabinet Committee on Security (CCS), led by Prime Minister Narendra Modi, announced a series of stringent measures in response to the attack.
These include the suspension of the Indus Waters Treaty, closure of the Attari-Wagah border, cancellation of the SAARC Visa Exemption Scheme (SVES) for Pakistani nationals, expulsion of Pakistan’s military attaches from New Delhi and a reduction in diplomatic staff at both High Commissions.
Calling these actions “necessary and timely,” Firangi Mahali stated, “The horrific incident of terrorism in Pahalgam has been condemned in the harshest terms. This tragic event has shaken the entire country. The steps taken by the Government of India — whether on the water agreement, diplomatic expulsions, or visa cancellations — are absolutely appropriate.”
Appealing for national unity, he urged political parties to come together on a single platform in support of the government’s decisions.
“This is not the time for political division. All parties must stand united so that a positive image of national solidarity is conveyed internationally,” he said.
The cleric also warned against communalising the tragedy. “My appeal to fellow Indians is not to view this terror incident through a religious lens. No religion condones violence or terrorism,” he said.
“Some of the posts circulating on social media are sending out a very negative message. In this hour of crisis, every Indian — regardless of religion or political affiliation — must stand together,” he added.
Crime
Security forces release sketches, photos of terrorists who carried out Pahalgam attack

Srinagar, April 23: Security forces on Wednesday released a photograph and sketches of terrorists suspected to be responsible for the Pahalgam attack in which 26 civilians were killed and several others were injured on Tuesday.
Three terrorists suspected to have carried out the dastardly attack have been identified as Asif Fuji, Suleman Shah and Abu Talha.
The attackers, believed to be members of The Resistance Front (TRF), an offshoot of the banned terror group Lashkar-e-Taiba (LeT), opened fire on tourists at Baisaran meadow in Pahalgam area, 6 kms away from Pahalgam town.
Security forces said at least five to six terrorists, wearing camouflage outfits and kurta pyjamas, came to Baisaran meadow from the dense pine forest surrounding the Baisaran meadow and opened fire with AK-47 rifles.
The group included Pakistani terrorists, who infiltrated the Valley just days before the attack, Intelligence sources said.
Intelligence agencies have identified Saifullah Kasuri, alias Khalid, a top LeT commander, as the mastermind behind the massacre.
Security forces have launched a massive anti-terror operation and deployed helicopters to spot the terrorists who took advantage of the forest cover to flee the spot.
Preliminary forensic analysis and testimonies of survivors indicate that the terrorists used military grade weapons and advanced communication devices, which indicates definite external logistical support.
The probe also found that the terrorists wore body cams and helmet-mounted cameras to record the entire sequence of events.
The attackers came with full preparation and had stocked up dry fruits and medicines.
Sources said the terrorists also did a recce of Pahalgam with the help of some locals.
Eyewitnesses said that while two terrorists spoke in Pashto (indicating Pakistani origin), two of them were locals (Adil and Asif). The local terrorists are from Bijbhera and Tral.
The precision and planning of the attack also points to the involvement of trained handlers and not local amateurs.
According to Intelligence sources, digital footprints of the attackers were traced to safe houses in Muzaffarabad and Karachi, strengthening cross-border terror link evidence.
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