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Dead man sentenced to 3-month rigorous imprisonment

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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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Agencies
June 26,2020

Kozhikode, Jun 26: A man, who had returned from Bahrain on Thursday and has been under quarantine at his house in Villyapallai near here, has been stabbed on his arm by an unidentified person.

Police sources said the assailant, with a masked face, had ransacked the man's house by break-opening the door at midnight lat night and stabbed Lijeesh on his arm and fled from the scene.

The nearby residents took Lijeesh to a nearby hospital and was put back on quarantine. 

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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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News Network
June 2,2020

Pratapgarh, Jun 2: In a shocking incident, a young man was tied to a tree and set afire by the family of a woman with whom he was allegedly having an affair in Pratapgarh district of Uttar Pradesh late on Monday night.

The man, 25, was a resident of Bhujauni village under Fatanpur police station, and he died on the spot.

Enraged over the incident, his family members and local people turned violent and set two police vehicles on fire.

Additional forces were rushed in to control the situation that remains tense.

The body has been sent for post-mortem.

According to Superintendent of Police (SP), Pratapgarh, Abhishek Singh, "Some people barged into the house of Ambika Patel and dragged him away. They then tied Patel to a tree some distance away and set him on fire after sprinkling petrol on him. They fled immediately after." Agitated family members and villagers assembled at the site and set a 112 police response vehicle (PRV) and another police jeep on fire. They were demanding immediate arrest and action against the accused.

The official said that Patel's relatives claimed that he was having an affair with a woman from his village and this had resulted in many face-offs between the families.

Patel had reportedly shared a video clip of the woman on social media a few months ago further increasing tension between the families.

The woman's family members had registered a police complaint against Patel in this connection at the Fatanpur police station that led to his arrest. He was released from jail recently, police added.

The woman had been recently selected as a police constable and was posted to Kanpur.

The SP said that an FIR had been registered on the complaint of the victim's family and efforts were on to arrest the accused.

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