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Crime

Tejpal order needs ‘deeper scrutiny’; HC allows appeal against acquittal

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 Stating that the order by a trial court acquitting former Tehelka editor-in-chief Tarun Tejpal needed “deeper scrutiny and reappreciation”, the Bombay High Court in Goa on Saturday granted the state government leave to appeal against the former journalist’s acquittal in a 2013 rape case.

“We believe that deeper scrutiny and reappreciation may be necessary of the evidence of the respondent’s SMS, WhatsApp, and email messages sent to the victim. This evidence has to be evaluated from the context of corroboration of the victim’s testimony in the matter,” Justices M.S. Sonak and R.N. Laddha said in their order.

The order also said that there was need to revisit the inferences made by the Additional Sessions Judge Kshama Joshi in the order, passed last year, about the conduct of the victim.

“The inference from the victim’s conduct of consulting some lawyers before lodging her complaint may also require a revisit. Finally, the contention about the alleged admissions in the messages or the proper scope of such statements also requires consideration at this stage, we might have only preferred to record that a prima facie case has been made out and arguable issues arise in the matter,” the court said.

Tejpal, who had challenged the state government’s decision to appeal against his acquittal, claimed procedural lapses on part of the prosecution in their appeal application.

“Based on the material on record, we do not think any case is made out to infer non-application of mind rendering such a decision a nullity. Though valid in some circumstances, the contention about haste and the inference of non-application of mind cannot be mechanically drawn in all events and purposes,” the High Court maintained, rejecting Tejpal’s counsel Amit Desai’s contention.

Tejpal was charged against under sections 376 (rape), 341 (wrongful restraint), 342 (wrongful confinement) 354A (sexual harassment) and 354B (criminal assault), of the Indian Penal Code, after a junior colleague accused him of rape at a five star resort in Goa in 2013.

On May 21, he was acquitted by the trial court in Goa citing “benefit of doubt”, following which an appeal was filed by the state government.

Crime

Mumbai Fraud: 50-Year-Old Man Booked For Duping Mulund Resident Of ₹30.50 Lakh In Fake Railway Job, SRA Flat Scam

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Mumbai, Dec 22: The Agripada Police have registered a case of cheating and financial fraud against Ramesh Balu Waghchaure, 50, for allegedly duping Bhimsen Amrut Nikam, 58, a Mulund resident, of Rs 30.50 lakh by falsely promising a railway job and an SRA flat for Nikam’s son, Shubham.

In a shocking twist, the accused allegedly arranged his daughter’s marriage with the complainant’s son and assured that the money would be returned after the wedding, which never happened.

According to the FIR, Nikam currently resides with his family on Gokhale Road, Mulund (East), and had earlier lived at Rasool Jeeva Compound, Sane Guruji Marg, Saat Rasta, from 1994 to 2023. Nikam’s wife, Suman, 51, is originally from Sinnar, Nashik, and the accused Waghchaure, a resident of Pathardi Phata, Nashik, was her former classmate. The families became acquainted during a relative’s wedding in Nashik in December 2017.

After building close relations with the Nikam family, Waghchaure allegedly claimed he had strong contacts in government departments. When Shubham completed his engineering in 2017 and the family began searching for a job for him, the accused reportedly promised to secure him a post of Senior Section Engineer in the Railways. He even introduced a person identified as “Khan” and, in April 2018, collected Rs 7 lakh via RTGS for the job.

Despite repeated follow-ups till 2019, no job was provided. The accused allegedly handed over a fake railway appointment letter and later promised to return the money, which he failed to do.

Around the same time, the Nikam family was looking to purchase a house. Waghchaure then claimed he had links with an SRA project and could arrange a flat at a lower cost.

The accused allegedly took Rs 21.50 lakh in cash and Rs 1.85 lakh through NEFT for an SRA flat, claiming that construction work was underway at Kanjurmarg. However, no flat was allotted, nor was the money returned.

To further delay repayment, Waghchaure allegedly proposed that if his daughter married Shubham, the entire amount would be repaid after the wedding.

The marriage took place on December 25, 2023. However, instead of returning the money, the accused allegedly cited financial difficulties and even took an additional Rs 15,000 from Nikam in February 2024. In total, Waghchaure allegedly collected Rs 30.50 lakh under the pretext of securing a job and an SRA flat.

Realising that he had been cheated, Nikam approached the Agripada police station and lodged a complaint. Based on the complaint, police have registered a case under relevant sections of the Indian Penal Code (IPC) and have initiated further investigation.

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Crime

SC stays conviction of ex-NCP minister Manikrao Kokate in Nashik housing fraud

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New Delhi, Dec 22: The Supreme Court on Monday stayed the conviction of senior Nationalist Congress Party (NCP) leader and former Maharashtra minister Manikrao Kokate in the 1995 Nashik housing fraud case.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government on Kokate’s plea challenging the refusal of the Bombay High Court to stay his conviction. Though it protected his membership in the Maharashtra Legislative Assembly, the apex court clarified that Kokate will not be allowed to exercise any governmental powers while the proceedings are pending.

“Issue notice. Meanwhile, the conviction of the petitioner shall remain stayed to the extent that there shall be no disqualification as a Member of the Legislative Assembly. However, no power shall be exercised by the petitioner,” the CJI Kant-led Bench ordered.

The relief from the top court comes days after the Bombay High Court had refused to stay Kokate’s conviction but suspended his two-year jail sentence and granted him protection from arrest as it heard his revision plea against the sessions court verdict.

Earlier, a Nashik sessions court had convicted Kokate in a case involving the illegal acquisition of government flats reserved under the Chief Minister’s quota and sentenced him to two years’ rigorous imprisonment along with a fine of Rs 50,000.

Following the sessions court verdict, Kokate was stripped of the Sports and Minority Affairs portfolios, and he resigned from the Maharashtra Cabinet. His resignation was accepted by Maharashtra Deputy Chief Minister and NCP chief Ajit Pawar amid a chorus from the Opposition.

The case against Kokate and his brother Vijay Kokate dates back to 1995 and pertains to the alleged misappropriation of flats meant for low-income individuals who do not own any other property.

The prosecution alleged that the brothers submitted forged affidavits and documents to acquire flats in the Nirman View Apartment at Canada Corner in Nashik. Investigations had also revealed that the brothers were using two additional flats in the same building that had been allotted to other beneficiaries.

Based on an inquiry by the district administration, Vishwanath Patil, then an official of the Urban Land Ceiling (ULC) department, lodged a complaint, following which a fraud case was registered at the Sarkarwada Police Station.

Since his induction into the Cabinet, Kokate has frequently courted controversy. He was earlier divested of the Agriculture portfolio following allegations that he was playing games on his mobile phone during a Legislative Council session.

Kokate denied the charge, but the episode drew widespread criticism. He also drew criticism for remarks on farmers and for attacking coalition partner BJP during a municipal campaign.

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Crime

Kerala mob lynching case: CM Vijayan assures justice to family of Chhattisgarh man

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Palakkad, Dec 22: Chief Minister Pinarayi Vijayan on Monday assured justice to the family of Ram Narayan, the migrant worker who was beaten to death by a mob at Attappallam in Walayar and said strict action would be taken against all those responsible for the crime that has shaken Kerala.

In a statement on Monday, the Chief Minister said a special investigation team led by the Palakkad Superintendent of Police is probing the case and has been directed to examine all aspects of the incident and initiate appropriate legal action.

The government will also consider the matter and ensure suitable compensation for the bereaved family.

Calling the incident unacceptable, CM Vijayan said such acts tarnish the image of Kerala as a progressive society and stressed the need for vigilance to prevent a recurrence.

The Chief Minister’s remarks came as disturbing details emerged from the remand report, which revealed the extreme cruelty inflicted on Ram Narayan, a native of Chhattisgarh who had come to Kerala in search of work.

According to the report, the accused assaulted him with a clear and conscious intent to kill, subjecting him to hours of sustained violence.

Medical findings recorded ahead of the post-mortem showed more than 40 injuries across the body.

Severe head injuries, profuse bleeding and multiple grievous wounds were cited as the cause of death.

Investigators said heavy sticks were used to beat the victim, while marks on the body indicate he was thrown to the ground, kicked repeatedly and dragged. X-ray examinations confirmed that he was stomped on his face and back, pointing to prolonged torture rather than a single attack.

The remand report also notes that those who attempted to intervene were threatened and driven away.

Meanwhile, Local Self-Government Minister M.B. Rajesh, who hails from Palakkad, alleged that the attack stemmed from hate-driven politics, claiming the victim was targeted after being branded a “Bangladeshi”.

He said the government stood firmly with the victim’s family and would ensure maximum punishment for the culprits.

Five accused have so far been arrested, all of whom have criminal antecedents.

Police said efforts are underway to trace more suspects as the investigation continues.

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