2008 BMW hit-and-run case: Utsav Bhasin gets 2 yrs in prison, survivor unhappy

News Network
July 16, 2017

New Delhi, Jul 16: A Delhi court on Saturday sentenced 30-year-old Utsav Bhasin, to two years in prison for the 2008 BMW hit-and-run case. The court also imposed a fine of Rs 10 lakh for the family of the deceased and Rs 2 lakh for the injured.

BMW

The victim, however, expressed dissatisfaction with the sentence. Mrigank Shrivastava, who was at the court proceedings said, “I am very unhappy. Initially, the harsher charges dropped and now two years for killing a person and destroying my life. I have spent around Rs 17 lakh in treatment and I have got just Rs 2 lakh as compensation.” Shrivastav had suffered a leg injury in the accident while his friend Anuj Chauhan had died.

Additional Sessions Judge Sanjeev Kumar passed the order around 4.50pm in a packed courtroom. Utsav Bhasin, son of a Haryana-based businessman, was held guilty of rash driving, voluntarily causing hurt on provocation and causing death by negligence. The court had passed the verdict in May this year. Bhasin was, however, acquitted of charges of culpable homicide, in which the maximum punishment is up to 10 years.

On September 11, 2008, Bhasin, who was driving his BMW car, hit two men — Anuj Chauhan and Mrigank Shrivastava — near Moolchand flyover in south Delhi. The two men, who were on a motorcycle, were returning home after watching the movie Rock On. Chauhan died two days after the accident and Shrivastava suffered leg injuries. At that time, Bhasin was 21 years old and was doing BBA at IILM in Lodhi Colony.

He was, later, arrested from the Interstate Bus Terminus at Kashmere Gate while attempting to flee to Chandigarh. He was later released on bail after giving two sureties of Rs 20,000 each.

Chauhan’s brother Kahitij Chauhan said that the family will go to High Court and questioned why harsher charges were dropped it should be reinstated demand harsher charges to be

In May, the court had convicted Bhasin under Sections 304A (causing death by rash and negligent act), 279 (driving rashly which could endanger human life) and 338 (causing grievous hurt) of the Indian Penal Code (IPC).

He was acquitted of charges under Section 304 (culpable homicide not amounting to murder) citing lack of evidence to prosecute him on harsher terms.

The court observed that the witnesses did not support the charges of culpable homicide not amounting to murder.

Anuj Chauhan, who suffered injuries on cervical spine and later died, was working as a freelance journalist and pursuing a course in graphic designing and animation at a private institution in south Delhi.

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Agencies
May 6,2020

A man posed as Superintendent of Police (SP), called up a subordinate police official and asked him to get his mobile phone repaired or face the consequences. But, his bluff was later called and the man landed in lockup.

Azamgarh SP Triveni Singh said the 23-year-old youth, Shubham Upadhyay, is the son of a farmer. He was preparing for competitive exams when his phone developed a snag on Saturday. He tried to reach out to local mechanics, but they were unavailable to fix it due to the lockdown.

Upadhyay used a free caller identification app to call up the in-charge of the Kotwali police station, K. K. Gupta, and threatened to shunt him out, if he failed to swiftly get the work done. Gupta grew suspicious and eventually caught the youth.

n his statement to the police, Shubham Upadhyay said, "On Sunday noon, I tried to breach the district borders to reach Lucknow to repair my phone, but since there was heavy police presence and barricading, I returned home. Later, I installed a free caller identification app in my handset and mentioned the name as SP Azamgarh and even uploaded a photo of the cop to appear genuine."

He first called SHO, Kotwali to get the phone repaired and was told the handset would be picked up from the SP office in an hour. Then, he called a businessman to bring his SUV and hand over his mobile to the SHO.

But when Upadhyay called the police again to suggest a separate meeting point, he raised suspicion. When the SHO tried to confirm the venue, Upadhyay got hesitant and said he would send a peon.

"I suddenly realised something was fishy and rang up the public relation officer of SP Azamgarh, who denied any such order from the SP. When the caller's number was scanned, it displayed the name of SP Azamgarh," said SHO Gupta.

A trap was laid and when the SHO reached the venue, he found one Praveen Shukla sitting in the vehicle. Police got the address of the accused from Shukla and reached Upadhyay's home in Bilariya locality and arrested him.

Upadhyay has been booked under IT Act and for threatening a public servant.

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News Network
February 16,2020

Gorakhpur, Feb 16: Two unidentified policemen allegedly raped a 20-year-old woman in a hotel room near a railway station in Uttar Pradesh's Gorakhpur.

The incident took place on Thursday after which the woman informed her family members. The FIR was registered in the matter on Friday, police said.

A case under various sections of the Indian Penal Code (IPC) including gang rape has been registered against two unidentified police men at the Gorakhnath police station, they said.

No arrests have been made so far in this connection, the police added.

Members of various political parties including Congress, Samajwadi Party, BSP and Purvanchal Sena staged a sit-in demonstration at the office of the district magistrate (DM) demanding suspension of all staff members of the Gorakhnath police station as well as a magisterial probe into the matter.

"The girl is undergoing treatment at the district hospital. She has made serious allegation of rape by two policemen. During investigation we found that the hotel has CCTV footage and also took the statement of guard," SSP Gorakhpur, Sunil Kumar Gupta said.

"Prima facie, the woman went to the hotel room willingly with some men. However, a probe is underway and culprits won't be spared," he said.

The woman told media that both the policemen thrashed her and accused her of being involved in prostitution.

She claimed that she requested them to leave her but they beat her and raped her. Later, they asked her to go home in an autorickshaw.

The survivor also told media and investigating policemen that she will be able to identify the hotel room where the crime took place as well as the two policemen who allegedly raped her.

The woman said she runs coaching classes at her home and her father is a labourer.

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News Network
July 17,2020

Ahmadabad, July 17: The Gujarat high court has ordered the Bharuch superintendent of police to investigate and produce a 14-year-old girl before the court, who has allegedly eloped with a man. Ironically, the man was convicted two years ago on Pocso charges for eloping with another minor girl in 2016.

The high court has asked the government to file an application for bail cancellation of the convict because he has indulged in a similar offence after having come out on bail.

The case involved one Dilip Padhiyar (24) from Uchchhad village in Jambusar taluka of Bharuch district.

He was punished with 10 years in jail in December 2018 by a special court for kidnapping a 16-year-old girl in 2016. He was prosecuted under the Protection of Children from Sexual Offences (Pocso) Act and for rape and kidnapping charges. He got away with a 10-year-imprisonment because the girl was over 16 years and she had not alleged rape. However, Dilip Padhiyar was held guilty of statutory rape, abduction as well as under provisions of Pocso Act.

Dinesh Padhiyar got regular bail from the high court pending his appeal challenging his conviction in January 2019. In November 2019, he eloped with another minor girl.

Her father approached the high court complaining that though an FIR was registered with Vedach police station, the police have not made any effort to trace his minor girl. It was also contended in the habeas corpus petition that Padhiyar is a habitual offender.

Petitioner's advocate Imtiyaz Kureshi said that looking at the past of Dinesh Padhiyar, the high court asked the state government to initiate proceedings for cancellation of his bail.

The bench headed by Justice Sonia Gokani instructed HC's registry to treat the bail cancellation application as an urgent matter.

The high court has ordered Bharuch SP to produce the girl before the court by July 20, and in case she cannot be traced by then, he will have to submit an action taken report.

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