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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

Mumbai: 11 Months On, No Action Against Cops Who Planted Drugs On Innocent Man In Kalina

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Mumbai: There has been no significant progress in the drug planting incident in Kalina involving four police personnel, even after almost 11 months.

The Vakola police have neither taken any action against the four accused police personnel, nor have they filed the chargesheet or properly recorded eyewitness statements. They have also not added additional NDPS (Narcotic Drugs and Psychotropic Substances) sections to the case, applying only bailable sections instead. As a result, the accused were granted anticipatory bail.

About The Case

On August 30, 2024, four policemen allegedly planted drugs in the pocket of 31-year-old Dylan Estbeiro, an innocent man working at a livestock farm in Kalina, Santacruz East. The entire incident was captured on CCTV, exposing the four police personnel.

The incident dates back to August 30, 2024, when PSI Vishwanath Omble and three constables – Imran Shaikh, Sagar Kamble, and Yogendra Shinde (also known as Dabang Shinde) – in plain clothes from the Khar police station visited Shahbaz Khan’s livestock farm in Kalina, Santacruz East, where Dylan Estbeiro was working. They allegedly frisked Dylan and planted 20 grams of mephedrone in his pocket during a staged search, later accusing him of drug possession.

The entire incident was captured on CCTV, which was later reviewed and shared publicly by Shahbaz Khan. Following the release of the footage, Dylan was released by the Khar police. The video sparked public outrage, prompting then-Deputy Commissioner Raj Tilak Roushan to suspend all four officers on August 31. Nearly three and a half months after the incident, the case was filed under multiple sections of the Bharatiya Nyaya Sanhita.

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Crime

Mumbai Crime News: Father, Brother-in-Law Booked Under POCSO For Sexually Assaulting Minor Girl; One Arrested

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The Sewree Police have registered a case against the victim’s father and brother-in-law under the Protection of Children from Sexual Offences Act (POCSO) and rape charges for sexually abusing a minor girl. While the police have arrested the brother-in-law, the father remains absconding after the case was filed. Authorities are conducting a search for the accused.

The victim, a 16-year-old girl, alleged in her complaint that in April 2024, her father covered her face with a cloth while she was sleeping at home and sexually assaulted her. He also threatened to kill her mother if she disclosed the incident, leaving the victim too terrified to speak out. Later, in March (year unclear—needs verification), when the girl was alone at home, the accused allegedly molested her again.

After the victim recently approached the police, a case was filed under relevant sections of the Indian Penal Code (IPC) for rape and the POCSO Act. The brother-in-law has been arrested, while the father is still at large.

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Crime

Navi Mumbai Crime Branch Busts Auto-Rickshaw Theft Racket; 12 Stolen Vehicles Worth ₹24 Lakh Recovered

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An intensive investigation involving scrutiny of over 60 CCTV cameras and technical surveillance led the Crime Detection Team of CBD Police Station to bust a widespread auto-rickshaw theft racket in Navi Mumbai. Two habitual offenders were arrested, and 12 stolen Bajaj auto-rickshaws valued at approximately Rs 24 lakh were recovered from various districts across Maharashtra.

The case began after a complaint was filed at CBD Police Station on May 28 regarding the theft of an auto-rickshaw bearing registration number MH-46-BD-9956 from Sector 11, CBD Belapur. Following the complaint, the police team launched an exhaustive technical investigation, combing through more than 60 CCTV camera footages and other forensic leads, which eventually pointed to two suspects.

The arrested individuals have been identified as Nazimoddin Azimoddin Qazi (43), a resident of Partur in Jalna, and Sakib Shamsu Shaikh (24), originally from Jalna but currently living in Taloja Phase-2, Panvel. Qazi was tracked to his hometown in Jalna and arrested on July 12.

During interrogation, the accused confessed to stealing 12 auto-rickshaws from various parts of Navi Mumbai, including CBD, Kharghar, Kalamboli, and Panvel. They revealed that the stolen vehicles were transported and concealed in locations such as Jalna, Hingoli, Parbhani, and Chhatrapati Sambhajinagar districts. In an attempt to evade identification, the accused had tampered with engine and chassis numbers, but police investigators were able to recover and identify all 12 vehicles using advanced forensic and technical methods.

The stolen vehicles, all Bajaj auto-rickshaws were seized from multiple locations. Each vehicle is estimated to be worth Rs 2 lakh, taking the total recovery to approximately Rs 24 lakh.

The thefts have been linked to multiple police stations across Navi Mumbai. “Three cases were registered at CBD Police Station, four at Kharghar Police Station, four at Kalamboli Police Station, and one at Panvel City Police Station. The accused had started stealing the vehicles around a year back. The first theft was reported in June last year. Before that they worked as drivers,” Assistant commissioner of police (Turbhe division) Mayur Bhujbal said.

This successful operation was carried out under the guidance of Navi Mumbai Police Commissioner Milind Bharambe, Joint Commissioner Sanjay Yenpure, DCP (Zone I) Pankaj Dahane, and ACP Mayur Bhujbal. The investigation was led by Senior PI Sandesh Revale and Crime PI Arun Pawar, with support from API Suresh Dambre, PSI Vishnu Wagh, and a committed team of police constables who played a key role in cracking the case.

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