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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

Siya Goyal’s family asked to halt business after FDA raid

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Pune, July 16: In mounting trouble for the family of Siya Goyal, who is accused of allegedly murdering her fiancée Ketan Agarwal, the Maharashtra Food and Drug Administration (FDA) sealed a Pune shop owned by her father Praveen Goyal, following an inspection.

The family-owned business deals in spices and dry fruits.

Speaking to reporters, Praveen Goyal said, “On Tuesday, July 14, at around 11:30 a.m., officials from the Food and Drug Administration visited my shop. They collected four samples — two samples of ‘haldi’ (turmeric) powder, one of soya chunks, and one of a product called ‘Gavran Til’ (sesame). These are all products that are widely sold in the market, and I have complete purchase bills for them.”

“They have taken the samples and will carry out whatever action is required. The only issue they pointed out was that…I had previously operated from a rented shop, and we have a valid licence for the period 2025 to 2030. However, about six to seven months ago, when I shifted to my own shop, the shop number (Gala No. 348) was inadvertently not updated in the licence,” he mentioned.

Praveen Goyal added: “We have already applied for the correction, and it should be completed within the next 8–10 days. Until then, they have asked me to keep the shop closed, and I am complying with those instructions. Apart from this, there is no other issue.”

Ketan Agarwal was allegedly murdered by his fiancée Siya Goyal and her purported lover Chetan Chaudhary at Lohagad fort near Pune last month.

On Monday, Ketan’s mother Rakhi Agarwal wrote to Prime Minister Narendra Modi seeking speedy justice for her son.

In an email sent to the Prime Minister, Rakhi Agarwal expressed the immense grief her family has endured since Ketan’s murder and underlined that she is not asking for any special favour.

“With folded hands, I humbly request you to kindly ensure that my son’s case receives the attention it deserves and that justice is delivered without unnecessary delay. Please do not let Ketan become just another case file. He was someone’s son, someone’s grandson, someone’s brother, but to me, he was my entire world,” she appealed.

Earlier, the victim’s father, Vishal Agarwal, had written to President Droupadi Murmu seeking a fast-tracked investigation.

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Crime

19-year-old gangraped in moving car in UP’s Lalitpur

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Lalitpur (Uttar Pradesh), July 16: In a shocking incident of betrayal and sexual assault reported from Uttar Pradesh’s Lalitpur district, a 19-year-old woman was abducted by a man who she was allegedly in a relationship for the last four years and gangraped by him and his friends in a moving car, police said on Thursday.

Speaking on the case, Additional Superintendent of Police (ASP) Kalu Singh said: “The victim had been in a relationship with the accused, Badal Raja, for the past four years and preliminary investigation suggests she had accompanied him voluntarily.”

According to officials, the victim’s mother lodged a complaint with the police, alleging that her daughter was forcibly taken away in a car by a local resident, Badal Raja, along with two of his associates.

The complainant stated that the distraught victim managed to call her sister during the horrific incident and sought help from her family.

Following the call, her family launched a desperate search for her and found her in a distressed condition near the railway station and took her to the police station.

Based on the complaint, the police registered an FIR and formed a special team to investigate the case.

During the course of investigation, police arrested two of the accused. A third unidentified accused was later apprehended during a police encounter, in which he sustained a bullet injury to his leg. He is currently undergoing treatment at a hospital.

Investigators said to have recovered a .315 bore country-made pistol, one empty cartridge, one live cartridge, a mobile phone, a bottle of liquor, and a car from the accused during the encounter.

The police said the accused will be produced before the court based on the available evidence.

Further investigation in the case is underway.

In yet another crime against girls and women in UP, a seven-year-old girl was found dead in the basement of an under-construction mall in Ghaziabad’s Raj Nagar Extension.

She had been befriended by one of the accused, who often played with her and her brothers and gave them chocolates, chips and toffees to gain their trust.

The child’s body was recovered during the early hours of Saturday from the basement of the building. A post-mortem examination confirmed that she was raped before her death and died due to a head injury. Police have registered an FIR based on a complaint filed by the family.

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Crime

CBI arrests Bank of Baroda branch manager, credit officer in bribery case

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Lucknow, July 15: The Central Bureau of Investigation (CBI) has arrested the Branch Manager and Credit Officer of Bank of Baroda’s Koireepur branch in Uttar Pradesh’s Sultanpur district for allegedly demanding and accepting a bribe from a loan beneficiary, an official statement said on Wednesday.

The arrested officials have been identified as Swarnim Srivastava, Branch Manager, and Pushpak Chaudhary, Credit Officer, both posted at the Bank of Baroda’s Koireepur branch.

According to the CBI, a case was registered on July 13 based on a complaint alleging that the accused officials had sought an undue advantage for the release of funds under a government-backed loan scheme.

The complainant had been sanctioned a Rs 5 lakh loan under the Chief Minister Yuva Udyami Yojana at the Koireepur branch. While the term loan component had already been disbursed, the overdraft facility sanctioned as part of the loan package was yet to be released.

The agency alleged that the Branch Manager and Credit Officer demanded a bribe of Rs 45,000 from the complainant in exchange for facilitating the disbursement of the overdraft component of the sanctioned loan.

Following verification of the complaint, the CBI laid a trap on July 14. During the operation, the agency caught the Credit Officer allegedly accepting Rs 35,000 from the complainant. The CBI claimed the money was accepted in conspiracy with and at the behest of the Branch Manager.

Subsequently, both officials were taken into custody and arrested by the agency.

The accused were produced before the competent court in Lucknow. Further investigation into the case is underway, the CBI said.

Earlier in the first week of this month, the CBI had arrested the Project Director of the National Highways Authority of India (NHAI), Shillong, and two private persons for demanding a bribe of Rs 12 lakh from the complainant to process his outstanding bill to the tune of Rs 13.38 crore.

The accused public servant had instructed the complainant to give part of the bribe amount to the tune of Rs 4 lakh, in advance.

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