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Lakhimpur Kheri violence: Supreme Court seeks Uttar Pradesh govt reply in lynching FIR, directs protection of witnesses

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The Supreme Court on Tuesday sought a separate report from the Uttar Pradesh Police on investigation in the second FIR in Lakhimpur Kheri violence in which four persons, including a journalist, were killed. The top court also ordered protection of witnesses in the case.

The widow of an accused-deceased told the top court that her husband’s killers were roaming free, and no action has been taken against them.

Senior advocate Arun Bhardwaj, representing Ruby Devi, widow of Shyam Sundar, submitted before a bench headed by Chief Justice N.V. Ramana that there are three accused who are allegedly responsible for her husband’s death and the police have not taken any action against them.

Bhardwaj said ‘killers are roaming free and threatening his client’.

Another advocate representing the journalist, who was killed in the incident, also urged the court to direct the police to apprehend the accused involved.

The bench directed separate replies must be filed by Uttar Pradesh with respect to the counter-case of lynching of a person named Shyam Sundar, who was allegedly attacked after the car ploughed into farmers’ protest, and also killing of journalist Raman Kashyap.

In Sundar’s matter, Senior advocate Harish Salve, representing the Uttar Pradesh government, submitted he was an accused who was also killed in the incident and the police are also probing it along with the death of the journalist, who was in the car.

Chief Justice told Salve to file a separate reply in the matter. The bench noted there are two complainants before the court — one by Ruby Devi and the other in connection with the death of a journalist. “State is directed to file separate replies in the case,” said the bench, fixing the matter for further hearing on November 8.

The bench also comprising Justices Surya Kant and Hima Kohli also sought forensic labs, examining the digital evidence in the matter, to expedite the process of submitting evidence in the case.

The bench expressed surprise that out of a gathering of 4,000-5,000 people, only 23 people are eyewitnesses to the incident, where a car ploughed into the farmers’ protest.

Salve, at the outset submitted that out of 68, thirty witnesses have recorded their statements under 164 CrPC. Of these, 23 are eyewitnesses. Chief Justice queried that in a case where there were hundreds of farmers in a rally, only 23 people were there?

Salve replied that the government gave an advertisement and the people who saw the accused in the car are already there. “Digital media (large numbers) has been recovered. There are overlapping videos”, he added.

Salve further contended that there was also a person who was conducting videography of the event, and the digital evidence would be sent to labs so that they can be admitted as evidence in the case.

On the aspect of few eyewitnesses in the matter, Justice Kant pointed out that mostly local people were there at the spot and after the incident most of them have been agitating for an inquiry. He told Salve that accessibility and identification of such persons in the vehicle should not be a major issue.

Salve replied 164 statements can be submitted to the top court in a sealed cover and added that 16 accused have been identified. The bench, in its order, said: “Regarding witness protection, we direct the witnesses to be provided protection by the state. We further direct that 164 statements… to be recorded expeditiously.”

The top court had registered a petition based on a letter by two lawyers seeking a probe by the CBI in the Lakhimpur Kheri violence.

A total of eight people, including four farmers and a local journalist, apart from the two BJP men and their driver, were killed in the incident. Farmers were allegedly mowed down by a car of Ashish Misra, son of Union Minister of State Ajay Misra Teni.

Crime

Thane Residents Zakir Irani And Sonu Jadhav Get Five-Year Jail Term, ₹15.3 Lakh Fine For Chain Snatching

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Mumbai: The special MCOCA court on Thursday sentenced two Thane residents to five years’ imprisonment for chain snatching and operating a crime syndicate in a November 2020 incident. The MCOCA court imposed a fine of Rs15.3 lakh on each of the accused.

The court found Zakir Irani, 39, guilty of chain snatching and heading a crime syndicate involved in such crimes, along with Sonu Ananta Jadhav, alias Raj, 28.

According to the prosecution, the complainant was on a morning walk toward Goal Garden, Malad (East), on November 9, 2020, at around 6am. At around 6.10am, a blue-coloured motor scooter approached from behind, and the pillion rider attempted to snatch a gold chain from his neck. The complainant resisted, but the pillion rider inflicted a blow with a helmet on his head, causing him to lose his balance. The rider then snatched the chain.

The complainant claimed that two passersby helped him get up, but the assailants threatened to kill him by running him over. The complainant chased them and tried to note the bike’s license plate number, but two digits were missing. He later lodged a complaint with Dindoshi police station. The police acted quickly and, based on a confidential tip, arrested Irani on the same day. A month later, Jadhav was also arrested.

Public prosecutor Jaysingh Desai contended that Irani had four prior cases and was out on bail when he attacked the complainant in this case. It was also noted that Jadhav was a co-accused in some of these cases. Desai argued that Irani headed the syndicate.

The prosecution stated, “It clearly reflects that in each and every case, Zakir is the ma in accused and there are certain other associates like Gulam Hussain with Zakir in three cases…. In all cases, the modus operandi is the same: the accused target the victim’s neck to snatch a gold chain or mangalsutra.”

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Crime

Mumbai Crime: 32-Year-Old BMC Employee Found Dead Inside SRA Building At HDIL Compound In Kurla; Police Launch Probe

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Mumbai: A 32-year-old employee of the Brihanmumbai Municipal Corporation (BMC) was found dead in Building No. 9 of the Slum Rehabilitation Authority (SRA) project at HDIL Compound, Kurla (West), on Thursday afternoon, police officials said. The incident was reported around 4:30 PM by the V B Nagar Police Station.

According to the police, the deceased has been identified as Rajesh Parmar, a resident of the Ghatkopar area, who worked in the BMC Solid Waste Management (SWM) department, F North Ward.

The body has been sent to the Rajawadi Hospital for postmortem examination. The exact cause of death remains unknown and further investigation is currently underway.

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Crime

Mumbai Shocker: 20-Year-Old Specially-Abled Girl Sexually Assaulted By Over 17 Men; DNA Samples Sent For Testing

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Mumbai: A very shocking incident has taken place in South Mumbai. A shocking incident has come to light in South Mumbai where a 20-year-old girl was sexually abused by more than 17 people on different days.

In this Case have been registered against unknown person under 64 (2) (i) (commits rape, on a woman incapable of giving consent) and 64 (2) (k) (commits rape on a woman suffering from mental illness or physical disability) of the Bhartiya Nyaya Sanhita at Cuffe Parade police station, said the police officer. Blood samples of more than 17 suspects named by the victim girl have been taken and sent for DNA testing with the Fetus.

According to FIR, This case was registered on September 22 and in this case, a 17-year-old minor boy has been taken into custody and a 34-year-old married man has been arrested.

Importantly, the NGO Vidhayak Bharati has helped the police in getting the victim girl, who is a special child, who unable to talk proper and deaf. Psi Ashwini Koli – Patil worked hard to detect this crime case.

According to the information given by the police, The victim girl complained to her grandmother that she felt worms moving in her stomach. She was then admitted to Cama Hospital. At that time, it was revealed that the girl was 5 months pregnant. Then the Call received from Cama Hospital to Police was unmarried, mentally retarded and five months pregnant.

In connection with this incident, when Cuffe Parade Police went to the said place to record the statement of the Victim woman. But she unable to record statement. Then Police have recorded statement of her father that she was mentally retarded since she could not speak and deaf. He did not know anything about this and told him that he did not want to file a complaint. Victim Father has refused to give Complaint.

However, on September 22, when she was brought to the police station for further investigation, she ready to filed a complaint against an unknown person. Then her father became ready to file Complaint.

The complainant and Victim’s Father said that some unknown person took advantage of her inability to speak and being mentally retarded, five to six months ago, while her daughter was living at house, and took advantage of this situation and raped and sexually assaulted her, even though he knew that she was not capable of giving consent to physical intercourse. A case has been registered.

It was difficult for psi Ashwini Koli Patil to solve this case. However, Counselor Lila Patade and Councilor Madhura Kodlekar – Counselor from Vidhayak Bharti – Child Rights Organizations helped in recording the girl’s statement using drawing and finger doll therapy for 5 days and 4-5 hours.

During this counseling, the person who was repeatedly named by the victim girl was arrested and a minor boy was detained. While the persons who were repeatedly named in the investigation were shown as suspects and their blood samples were taken for DNA.

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