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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

UP Woman Critically Injured After Sub-Inspector Accidentally Shoots Her In Head At Aligarh Police Station

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A police officer in Aligarh, Uttar Pradesh accidently shot a woman in her head from close range. A CCTV footage of the freak accident was circulated on social media on Friday.

In the video, the woman, who was accompanied by a man, was seen sitting at the police station for passport verification at the Crime and Criminal Tracking Network and Systems (CCTNS) office of Aligarh Kotwali Nagar. A police officer handed over the pistol to sub-inspector Manoj Sharma, who proceeded to load the gun. Suddenly, a bullet was fired and hit the woman’s head. She was taken to Jawaharlal Nehru Medical College for urgent medical attention.

Law enforcement officials, including the Senior Superintendent of Police (SSP) and other police officers, arrived at the medical centre to inquire about the victim’s condition and oversee the ongoing treatment, according to reports.

Sub-inspector Sharma reportedly fled the scene following the accidental shooting. “We are actively pursuing all necessary legal measures, including the immediate suspension of the accused inspector. The motive behind the accidental firing is currently unknown, and our priority is ensuring the victim receives the necessary medical care,” said Kalanidhi Naithani, SSP, Aligarh.

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Crime

Indore: 22-Year-Old Delivery Boy Ends Life After Alleged Girlfriend Forces Him To Leave Parents

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Indore (Madhya Pradesh): A 22-year-old delivery man committed suicide after consuming a poisonous substance at his residence in the Banganga police station area on Thursday. The exact reason behind his extreme decision could not be established as no note was recovered from his place.

However, the family members alleged that he consumed the poisonous substance after his girlfriend forced him to leave his parents. She began living with him at his house after her family members threw her out. The police are investigating the case and recording statements from the family members.

According to the police, the deceased was identified as Sachin aka Kamal Jhala, a resident of Bhawani Nagar, who worked as a delivery boy. Sachin’s father, Govind, alleged that Sachin committed suicide after a dispute with his girlfriend, who had been living at his house for the past month.

They had attempted a court marriage, but family members filed a complaint at the police station, stating that the girl is a minor, preventing the marriage.

His girlfriend lived in the same colony, and her parents had thrown her out after the incident. She began to live at Sachin’s house from last one month. She was pressuring him to leave his parents and live elsewhere.

Sachin was tense over the dispute for a couple of days. He had a sister who is married in Rajasthan and he was the only son of his parents. The police have initiated an investigation to know the exact reason behind his decision to end life after sending the body for autopsy.

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Crime

Indian Pharmacopoeia Commission (IPC) Issues Alert Against Adverse Reactions Of Painkiller Meftal

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New Delhi: The Indian Pharmacopoeia Commission (IPC) has issued a drug safety alert advising healthcare professionals and patients to monitor adverse reactions of painkiller Meftal, commonly used for menstrual cramps and rheumatoid arthritis.

The mefenamic acid painkiller is prescribed in the treatment of rheumatoid arthritis, osteoarthritis, dysmenorrhoea, mild to moderate pain, inflammation, fever and dental pain.

The commission, in its alert, stated that a preliminary analysis of adverse drug reactions from the Pharmacovigilance Programme of India (PvPI) database revealed drug reactions with eosinophilia and systemic symptoms (DRESS) syndrome.

Alert sounded

“Healthcare professionals, patients/consumers are advised to closely monitor the possibility of the above adverse drug reaction (ADR) associated with the use of the suspected drug,” according to the alert, issued on November 30.

If such reaction is encountered, the alert advised, people should report the matter to the national coordination centre of the PvPI under the commission by filing a form on the website – www.ipc.gov.in – or through android mobile app ADR PvPI and PvPI Helpline No. 1800-180-3024.

An autonomous institution of the Ministry of Health, the IPC sets standards for all drugs that are manufactured, sold and consumed in India.

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