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
Seven injured in Haryana gang war outside police station

Chandigarh, Aug 6: In a brazen daylight indiscriminate firing in front of the police station in Dadri city of Haryana on Thursday, seven people, who were riding on an SUV car, received injuries, police said.
Three assaulters fled on foot by waving revolvers.
Prima facie the police believed the crime was linked to a gang war, although the attackers, who fired at least 30 shots, are yet to be identified.
A video of the crime was surfaced, showing injured men sitting in the bullet-riddled SUV car.
The injured have been referred to the PGI in Rohtak in a critical condition.
The cause of the crime is yet to be ascertained.
The gunfire sound triggered panic in the area.
Seven people riding Scorpio car were seriously injured.
According to eyewitnesses, the firing was so sudden that there was a stampede-like condition among passersby.
As the information received, the police reached the spot and the injured were rushed to the Civil Hospital of Charkhi Dadri for treatment.
After first-aid, all the seven injured were referred to PGI Rohtak in critical conditions.
The injured have been identified as Ankit of Charkhi Dadri, Kirtiman of Hisar, Suraj, Ankit of Bhiwani, Sunny of Hisar, Krishan of Mahendragarh and Amit of Fatehgarh.
A forensic team took possession of the evidence at the spot.
Footage from CCTV cameras installed in the vicinity is also being scanned to identify the attackers, an Investigating official said.
Preliminary investigation by the police revealed that the three miscreants came on a bike.
The accused positioned the bike in front of the Scorpio car and forced him to stop it following which they opened fire.
The firing caused a stampede and chaos at the spot.
The Superintendent of Police and other senior officers reached the spot as the incident was reported.
The police have cordoned off the entire area.
With the help of the forensic team, evidence, bullet shells and other important clues found from the spot are being seized and they are being examined.
Crime
Ex-Tehelka editor Tarun Tejpal’s acquittal in rape case reversed, sentenced to 10 years’ rigorous imprisonment (Lead)

Mumbai, Aug 6: The Bombay High Court on Thursday sentenced former Tehelka editor Tarun Tejpal to 10 years’ rigorous imprisonment in the 2013 sexual assault case involving a junior colleague, hours after setting aside his acquittal and convicting him of rape and other offences under the Indian Penal Code (IPC).
A division bench of Justices Neela Gokhale and Amit Jamsandekar announced the sentence and granted Tejpal two weeks’ time to surrender before the jail authorities.
Earlier in the day, the Justice Gokhale-led Bench had allowed the appeal filed by the Goa government against the May 2021 judgment of a sessions court in Mapusa, which had acquitted Tejpal of all charges.
Pronouncing the verdict, the Bombay High Court convicted Tejpal under Sections 376(2)(f) and 376(2)(k) (rape), 354A (sexual harassment) and 354B (assault or use of criminal force against a woman with intent to disrobe) of the IPC. It had then posted the sentencing for later in the day.
During the hearing on the question of sentence, Tejpal’s counsel sought suspension of the conviction for eight weeks to enable him to approach the Supreme Court, submitting that the verdict had reversed an acquittal and highlighting that there was no other criminal case against him.
Addressing the Justice Gokhale-led Bench, Tejpal also pleaded for leniency, stating that he believed himself to be a victim and requested the High Court to take a compassionate view while deciding the sentence.
Opposing the plea, Solicitor General Tushar Mehta argued that the case required a strong message against sexual violence, contending that “when a girl says no, it means no”.
The case stems from allegations made by a junior colleague that Tejpal sexually assaulted her inside an elevator of a luxury hotel in Goa during an event in November 2013.
The Goa Police registered an FIR against Tejpal for offences including rape, following which he was arrested in November 2013 after a local court rejected his anticipatory bail plea.
He was granted regular bail by the Supreme Court in July 2014.
In May 2021, Additional Sessions Judge Kshama Joshi acquitted Tejpal, holding that the prosecution had failed to prove its case beyond reasonable doubt and citing alleged lapses in the investigation, including failure to produce certain evidence such as CCTV footage.
The Goa government challenged the acquittal before the Bombay High Court, contending that the trial court had erred in appreciating the evidence on record.
During the appeal hearing, the prosecution argued that the Sessions Court had focussed on the survivor’s post-incident conduct and background instead of assessing the evidence against the accused. It also submitted that the trial court ignored material evidence, including an apology email allegedly sent by Tejpal after the complainant raised the allegations with the then Managing Editor of the publication.
Crime
Atiq Ahmed son Abaan dies in UP road accident on way to meet jailed brother

Lucknow, Aug 6: Former Samajwadi Party (SP) MP Atiq Ahmed’s youngest son Abaan Ahmed died in a fatal car accident on Thursday, said multiple reports.
The deadly mishap happened on the Jhanshi-Kanpur national highway in Uttar Pradesh while Abaan was on his way to meet his brother, imprisoned in extortion and other cases. Their vehicle apparently crashed into a highway divider, leaving the vehicle in ruins.
Preliminary findings suggest rash driving as the reason behind the deadly crash. The images and visuals that surfaced from the accident site show the scale and intensity of the crash. The car’s front portion was completely wrecked in the collision, as the car purportedly hit a road divider.
Abaan Ahmed, the youngest son of the slain gangster-turned-politician, was said to have been behind the wheel during the mishap, and he was accompanied by four other associates. Abaan and one of his aides died in the severe accident, while three others are said to be seriously injured.
The accident occurred when Abaan and his associates were going to meet his jailed brother Ali Ahmed, who is currently incarcerated in a Jhansi prison.
The car met with an accident near the Poonch area on the highway. The police and local administration swung into action after getting information about the fatal crash, and they shifted the critically injured to a nearby hospital. The doctors declared Abaan Ahmed, along with one other, dead on arrival, while three others were administered initial medical aid and subsequently referred to Maharani Laxmibai Medical College.
The police team reached the accident spot and was investigating the reasons behind the fatal accident. The two dead bodies have also been taken into custody and sent for post-mortem.
According to police, over-speeding and rash driving led to loss of control and are believed to be the key reasons behind the fatal accident.
Abaan Ahmed was the youngest son of Atiq Ahmed, while his elder brother Ali Ahmed is currently lodged in Jhansi jail over involvement in multiple cases.
Ali has been in prison in an extortion case. He is an accused in the February 2023 killing of Umesh Pal, the key witness in the BSP MLA Raju Pal murder case.
In 2023, Atiq Ahmed and his brother, Ashraf, were shot dead by three men posing as journalists, as police were taking them for a mandatory medical checkup. The entire episode was beamed live on television, leaving many shocked and appalled over the gruesome murder in full media glare.
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