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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

Kishtwar rape-death case: Main accused among three more held, total arrests reach five

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Jammu, Aug 27: The Special Investigation Team (SIT) of Jammu and Kashmir Police has arrested three more suspects, including the key perpetrator, in connection with the rape and death of a 15-year-old tribal girl in Kishtwar district last week, the police confirmed on Thursday.

Senior Superintendent of Police (SSP) Kishtwar, Naresh Singh, stated that the newly arrested individuals include a government school teacher accused of repeated sexual assault, his brother, and a daily-wager sweeper at District Hospital Kishtwar.

The minor girl allegedly died on August 20 following an abortion attempt in Chatroo area of the district.

The SSP said two of the accused have been identified as Mohd Ishaq and Riyaz Ahmed Sheikh, while the identity of the daily-wage sweeper is yet to be available.

According to the police, the minor was allegedly repeatedly raped by the teacher over several months, resulting in her pregnancy.

The Chatroo police received information about the girl’s suspicious death on August 20. As no formal complaint had initially been received, the police began inquest proceedings to establish the circumstances surrounding her death.

“During the course of the inquest, material disclosing the commission of cognizable offences surfaced,” the SSP said.

The proceedings were subsequently converted into an FIR at Chatroo police station.

The FIR was registered under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to rape and death caused by miscarriage, among other offences. The Protection of Children from Sexual Offences (POCSO) Act was also invoked. During the investigation, provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act were added.

Given the seriousness and sensitivity of the case, the police constituted an SIT headed by Additional SP Kishtwar Pardeep Singh. The team includes Deputy Superintendent of Police Nitish Sharma, Chatroo SHO Inspector Rishi Kumar and other officers. It has been directed to conduct a thorough, scientific and time-bound investigation into all aspects of the case.

During the inquest and subsequent investigation, evidence allegedly emerged against the government teacher, including allegations that he had repeatedly sexually assaulted the minor, resulting in her pregnancy.

The probe further revealed that the teacher, allegedly in criminal conspiracy with his brother, administered medicines purportedly intended to terminate the pregnancy, Singh said.

The girl was initially taken to the Public Health Centre in Chatroo for medical treatment and was later shifted to District Hospital Kishtwar by the accused and others. The police allege that the hospital’s daily-wager sweeper was also involved in the conspiracy. The minor received treatment at the hospital and underwent an ultrasound examination.

Accordingly, Ishaq, Sheikh and the sweeper were arrested for their alleged involvement in the conspiracy, the SSP said. He added that further arrests would be made wherever warranted by evidence.

“The investigation is being conducted in a fair, impartial, professional, scientific and evidence-based manner,” Singh said, adding that every aspect of the case was being examined and legal action would be taken against anyone found involved.

Meanwhile, the local Imam of Kishtwar Jamia Masjid has called for a complete shutdown across the district on Thursday, demanding a thorough investigation and action against all those responsible. The shutdown call has received support from various organisations, including lawyers and Hindu religious bodies.

The National Commission for Scheduled Tribes (NCST) has also issued notices to the Jammu and Kashmir chief secretary, Director General of Police and Kishtwar SSP, seeking their responses within five days. The commission said it may summon the officials in person if they fail to respond. It has decided to probe the alleged rape and death of the minor girl.

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Crime

Student found hanging in NIMS University Hostel in Jaipur; second fatality in two days

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Jaipur, Aug 27: A 20-year-old student was found hanging inside a hostel room at NIMS University near Jaipur, Rajasthan, police said on Thursday.

The incident came to light after fellow students noticed a foul smell coming from his locked room and informed the police late Wednesday night. The deceased has been identified as Mohit Saini, a resident of Lotesar in Mathura, Uttar Pradesh. He was a second-year CPT student and had been staying at the university’s Sunrise Hostel.

According to police, the incident was reported late at night. Hostel students became suspicious after detecting a strong foul smell coming from Saini’s room. They informed the Chandwaji police, following which a police team reached the hostel. Police had the locked room opened and found Saini’s body hanging inside. The body was subsequently shifted to NIMS Hospital for a post-mortem examination.

Chandwaji SHO Rajbir Singh said the condition of the body and the foul smell suggested that Saini may have died one or two days before the incident was discovered. Police suspect suicide but have not yet established the exact circumstances surrounding the death. Investigators are collecting information from hostel authorities and fellow students. The post-mortem examination is expected to provide further information about the cause and time of death.

The incident comes just one day after the death of another student at NIMS University. On August 25, B.Tech student Aditya Tiwari, a resident of Lucknow, allegedly died after falling from the 15th floor of a hostel building. The incident reportedly occurred at around 8:30 p.m. Tiwari was staying at the university’s Garnek Hostel.

According to the police, neither of his roommates was present in the room when the incident occurred. Police are investigating both incidents and examining the circumstances surrounding the deaths. Statements from students, roommates and hostel officials are expected to form part of the investigation.

The two incidents within a span of two days have raised concerns on the university campus. However, police have not indicated any connection between the two cases at this stage.

Further details are expected after the post-mortem reports and completion of the ongoing investigations.

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Crime

Delhi model stabbed to death inside her home by gym trainer

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New Delhi, Aug 27: A 21-year-old student and model was allegedly stabbed to death inside her home in West Delhi Tilak Nagar, with police suspecting the involvement of her gym trainer.

The deceased, identified as Muskan, was reportedly alone at her second-floor residence when the alleged attack took place on Wednesday. The accused, identified as Imran, allegedly entered the house, attacked her with a knife and fled from the scene.

Hearing Muskan’s cries for help, neighbours rushed to the residence and found her seriously injured and lying in a pool of blood. She was immediately taken to a hospital for treatment, but succumbed to her injuries.

“We are searching for the culprit,” Additional Deputy Commissioner of Police Abhishek Gupta told reporters, adding that the police were examining CCTV footage from the surrounding area as part of the investigation.

Muskan’s friend Aman said she was the youngest among three sisters. According to him, one of her elder sisters, who is currently in Chandigarh, called and asked him to rush to Muskan’s house after learning about the attack.

“I received a call, but I don’t remember the exact time. They told me they were not at home and that someone had entered the house and stabbed Muskan,” a friend of the deceased told media.

The friend said the alleged attacker was identified as Imran, who worked as a trainer at the same gym where Muskan used to exercise.

Aman said he immediately contacted another friend and asked him to reach the house and ensure that Muskan was taken to hospital. By the time he arrived, an ambulance had already reached the spot and shifted her for medical treatment.

He also claimed that Muskan’s sisters had previously raised concerns about Imran allegedly harassing her.

“He had troubled her earlier as well, and after this incident, suspicion immediately fell on him,” Aman said.

Police are conducting further investigation, and efforts are underway to trace and apprehend the accused.

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