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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
July 28,2020

Noida, Jul 28: A doctor admitted at a private hospital in Noida has been accused of sexually harassing a patient in his isolation ward, where both were undergoing treatment for COVID-19, the police said.

The 20-year-old woman, in her complaint to the police, alleged that the incident took place on Monday and based on that a case was filed at the local expressway police station, they said.

A senior police official said an investigation is underway and there might be lapses on part of the hospital which allegedly admitted a man and a woman in the same isolation ward, in violation of the norms.

The woman and the doctor had tested positive for coronavirus last week, according to officials.

"The woman was in the isolation ward of the private hospital. There was a man, a medical practitioner, who too was infected with coronavirus and was sharing the ward with her," Additional Deputy Commissioner of Police, Noida, Ranvijay Singh said.

He said the woman alleged molestation and upon being informed, the police immediately lodged a case and initiated a probe into the matter.

"There appears to be some irresponsibility on part of the hospital too. We are communication with the medical departments to check whether the patients were being kept in accordance with the guidelines," Mr Singh said.

He said the accused is still in isolation but the police will reach out for his statement following due protocols of COVID-19.

"All necessary action will be taken as per the truth that will emerge after a thorough investigation," Mr Singh said.

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News Network
July 22,2020

Thiruvananthapuram, Jul 22:An accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act jumped into the sea on Wednesday morning when he was taken for evidence collection at Kasaba in Kasargode district, police said.

Accused Mahesh was arrested following a complaint by his neighbour on Tuesday evening.

The police said that they took the accused to the seashore to collect evidence in the case when Mahesh jumped into the sea. Two police officials too jumped in after him to catch hold of him but could not locate Mahesh.

Later, swimmers were deployed to try and locate the missing man.

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News Network
July 15,2020

Mumbai, Jul 15: A domestic row between a couple spilled onto road when a woman stopped her husbands car and climbed on its bonnet, briefly disrupting traffic on the busy Pedder Road in South Mumbai, police said on Wednesday.

The incident, which took place on Saturday evening, was recorded by some passersby on their mobile phones and its videos are making rounds on social media.

The wife chased the husband's SUV (sports utility vehicle) in her car after she spotted another woman seated next to him in his vehicle.

As her husband's SUV stopped at the Pedder Road signal, the wife get down from her car, rushed towards his four-wheeler and started shouting at him, a police official said.

In the video, the woman is seen climbing the bonnet of the SUV, removing her footwear and hitting the vehicle's windshield with it. She is also seen asking the husband's co- passenger to get out of the SUV and shouting for police help.

As she stopped her car in the middle of the busy road, one lane got blocked for some time and the traffic police personnel present there tried to ensure movement of other vehicles, the official said.

After sometime, the traffic police asked the couple to take their cars near the footpath.

By that time, the husband stepped out of his SUV, following which the wife ran towards him and caught him. She even kicked him a couple of times and took him to her car, the video shows.

She then again ran towards her husband's SUV, which was parked a few metres away. She opened its driver-side door and lunged at the woman seated in the vehicle, but was stopped by some people who had gathered at the spot, the police official said.

Later, the couple and their cars were taken to Gamdevi police station, where the wife refused to lodge a complaint against her husband.

A fine was imposed on her for traffic rules violation and abandoning her car in the middle of the road, which caused disruption of vehicular movement, the official said.

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