Dead man sentenced to 3-month rigorous imprisonment

August 28, 2016

Bengaluru, Aug 28: A division bench of the High Court has recalled an earlier order sentencing a dead man to undergo rigorous imprisonment of three months. The recall order came on August 16, 2016, six years after the court had passed the earlier judgement on July 28, 2010.vilang

The information that the accused was dead was not presented to the court when it passed the order in 2010. In its latest order, the court said: "It is a settled position in law that a judgement or an order passed against a dead person is a nullity in law."

Justice to the accused Swamygowda came after 18 years. The original case was against Swamygowda and Basavaraju in 1999. They were charged with attempt to murder, culpable homicide and voluntarily causing grievous hurt. In 2004, the trial court found them not guilty on the first two grounds but convicted them on the last count, sentencing Swamygowda to pay a fine of Rs 5,000 and Basavaraj to pay a fine of Rs 3,000.

The prosecution appealed to the HC in 2004 seeking enhancement of the sentence of the two. In 2010, the HC modified the sentence and ordered that both should undergo rigorous imprisonment for a period of three months and also pay a fine of Rs 50,000 each.

However, the HC was not informed that Swamygowda had died on March 22, 2008, when the appeal was still pending. The issue came to light that a dead man was sentenced to imprisonment after Swamygowda's wife filed an application earlier this year to recall the 2010 judgement against her husband.

The public prosecutor appearing for the State opposed the recall of the judgement sentencing Swamygowda, submitting that "the Court has no power to alter or review the judgement or final order disposing of a case, after it is signed, except to correct a clerical or arithmetical error."

In its latest judgement recalling the earlier order, the HC said: "the death was not brought to the notice of this Court at the time of disposal of the appeals". As the order against Swamygowda is nullified, the court said it was being recalled. "As this Court had disposed of the appeals without noticing the death of the respondent No.1-Swamygowda, the common judgement dated 28.07.2010 rendered in these appeals as against respondent No.1 is a nullity, and in view of Section 294 of Cr.PC, it requires to be recalled."

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News Network
July 9,2020

Etawah, Jul 9: Another aide of the Kanpur encounter accused Vikas Dubey, Bahua Dubey, died in an encounter with the police, here on Thursday.

"Today at around 4.30 AM, in an encounter with the Etawah Police, one person has died. from him, a rifle and a pistol too has been recovered. When we shared the information with the Kanpur Police, they identified him as Bahua Dubey," said SSP Etawah Akash Tomar.

"He was involved in the Kanpur encounter alongside Vikas Dubey and there was a bounty of Rs 50,000 on him," he added.

"Around 3 AM on the highway near Mahewa Police Station Bakewar, a Swift Dzire car was looted by four armed assailants on a Scorpio. Around 4:30 AM, they were intercepted at Kachaura road under Police Station Civil lines by the police. When police parties chased them, the car collided with a tree, and criminals started firing at the police," he further said.

Dubey sustained injuries during the encounter and was pronounced dead when taken to the hospital. However, the other three managed to escape. One pistol, a double-barrel gun, and several cartridges have been recovered, he informed further.

Earlier today, Prabhat Mishra, also an aide of the main accused, died after being shot at by the police.

Mishra had sustained an injury on the leg after being shot at by the police and was rushed to a hospital before being pronounced dead.

Vikas Dubey is the main accused in the encounter that took place in Kanpur last week, in which a group of assailants allegedly opened fire on a police team, which had gone to arrest him. Eight police personnel were killed in the encounter.

A search operation is currently underway to nab Dubey.

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News Network
January 18,2020

New Delhi, Jan 18: Two men accused of kidnapping and brutally raping a five-year-old girl in Delhi in 2013 have been held guilty by a court in the national capital today. The POCSO court, which will announce the quantum of punishment on January 30, said, "In our society the minor girls are worshipped as goddess on certain occasions but in the present case the victim child had experienced exceptional depravity and extreme brutality."

"The crime against the victim was committed in a most grotesque and revolting manner and the collective conscience of the community was shaken," the court added while holding the accused - Manoj Shah and Pradeep Kumar - guilty.

The assault which took place just four months after Nirbhaya's brutal rape had grabbed headlines with its shocking details. The girl, who was named Gudiya by sections of the media, went missing and the police told her parents to look for her themselves. She was found two days later, tied in the basement of the east Delhi house she lived in with traces of candles and bottles inside her private parts.

The convicts had fled after raping Gudiya and shoving a candle and bottle inside her private parts, leaving her at Manoj Shah's room, after believing the five-year-old to be dead. The child was rescued 40 hours later on April 17, 2013.

Manoj Shah and Pradeep Kumar were arrested by Delhi police separately from Muzaffarpur and Darbhanga in Bihar respectively in 2013. The charge sheet was filed on May 24 that year and charges were framed by the court on July 11. But, it took more than five years to complete the recording of the statement of 57 prosecution witnesses in the POCSO court.

"Though the trial should have been completed in two years, we are happy we got justice," said the father of the girl.

One of the convicts, Manoj Shah, allegedly assaulted some reporters while being taken out of the courtroom.

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News Network
June 5,2020

Jun 5: The fear of contracting COVID-19 infection allegedly forced a 65-year-old man to commit suicide in Maharashtra's Beed district, police said on Friday.

The incident occurred at Mangewadi in Patoda on Thursday, when a passerby found the body of Asaram Pote hanging from a tree in his farm, an official said.

The police were immediately alerted and Pote's body was brought down in the presence of his relatives and locals, he said.

A suicide note was found on the deceased's person, in which he said that he had taken the extreme step as he was scared of contracting COVID-19 infection and no one should be held responsible for his death, the official said.

A case of accidental death was registered in this regard and further probe was underway, he added.

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