Indian women rarely make false claims, delay in filing rape case doesn't mean she lied: HC

Agencies
April 7, 2018

Mumbai, Apr 7: Reluctance to report a sexual assault to police immediately does not mean the victim is lying, as Indian women would rarely make such false allegations, the Bombay High Court has said, upholding the conviction of four men for gang-rape.

Justice AM Badar earlier this week dismissed the appeals of Dattatraya Korde, Ganesh Pardeshi, Pintu Khoskar and Ganesh Zole, who had challenged a sessions court order of April 2013 sentencing them to 10 years in jail for gang-rape.

They were convicted of gang-raping a woman and thrashing her male friend on March 15, 2012 when the two were returning from Trimbakeshwar in Nashik district. The convicts claimed that they were framed up as they had seen the victim and her friend in a compromising position and threatened to take them to police for indecent behaviour.

The appeals sought to highlight that while the woman claimed that the incident took place on March 15, she lodged the complaint two days later. Medical examination had ruled out a rape since there was no injury on the woman's body, the appellants said.

The high court, however, upheld the conviction and sentence, citing a Supreme Court's observation in a past case that "rarely will a girl or woman in India make false allegations of sexual assault". The victim, who comes from a conservative section of society and who is separated from her husband, must have been afraid of stigma and "reflection on her chastity", Justice Badar said.

"She had fear of being looked down upon by the society including her parents... Being overpowered by a feeling of shame on account of gang-rape, her non-approaching a police station immediately...Cannot be said to be abnormal and throwing doubt on her version," the judge said.

Because of her secret excursion with a male friend, she must have felt that she would be branded as promiscuous if the incident came to light, the high court said. "Minor discrepancies" such as delay in lodging the complaint do not weaken her case, the court said.

The judge also held that a mere absence of injuries do not lead to the conclusion that there was no sexual assault.

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News Network
May 7,2020

Visakhapatnam, May 7: Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy on Thursday announced an ex- gratia payment of Rs one crore each to the kin of those killed in the styrene gas leak incident at LG Polymers Limited near here.

The NDRF had put the death toll from the leak at 11.

The chief minister announced a committee to probe into the mishap and also said the government would talk to the LG Polymers management seeking job for the kin of the deceased in any of its businesses.

Speaking to reporters after conducting a review meeting, Reddy also announced Rs 10 lakh each to those undergoing treatment on ventilator support and Rs 25,000 to those who took treatment as out-patients after developing health complications due to inhalation of the styrene vapour.

Earlier, he held a review meeting at the Andhra Medical College with District Collector Vinay Chand and others.

The gas leak victims undergoing treatment in various hospitals would be paid Rs one lakh each. The 15,000-odd population in the five villages that were affected by the gas leak would be paid Rs 10,000 each, the chief minister added.

Reddy further announced constitution of a high-level committee, headed by the Special Chief Secretary (Environment and Forests), to probe into the mishap and make recommendations to prevent such tragedies in the future.

Earlier, he visited the King George Hospital and consoled the victims of the gas leak.

Accompanied by his Deputy holding the health portfolio A K K Srinivas and Chief Secretary Nilam Sawhney, Reddy flew down to the port city and went straight to the KGH.

He met the gas leak victims undergoing treatment and enquired about their well-being.

At the review meeting, the Collector informed the Chief Minister that the gas spread was limited to a 1.5 to 2 km area from the epicentre of the leak and that the locals were evacuated to safety.

Of the two styrene tanks in the plant, the leak occurred from one that was holding about 1,800 kilo litres of the chemical.

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News Network
February 3,2020

New Delhi, Feb 3: The Allahabad High Court on Monday granted bail to former BJP leader Swami Chinmayanand in the alleged rape case of a law student. He was arrested in September last year after the 23-year-old woman accused him of sexual harassment and blackmail.

The woman was a student of the Chinmayanand-controlled SS Law College in Shahjahanpur in Uttar Pradesh.

Chinmayanand is facing charges under Sections 376C (sexual intercourse by a person or persons taking advantage of their official position), 354 D (stalking), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

The case is being investigated by a Special Investigation Team (SIT) formed on the directions of the Supreme Court.

The case came to light after the woman posted a video on August 23 last year on social media alleging that “a senior leader of the saint community” was harassing and threatening to kill her. The law student went missing a day later, after which her father lodged a complaint, accusing Chinmayanand of harassing his daughter.

Chinmayanand was expelled from the BJP after his arrest.

The SIT had, on November 6, submitted chargesheet in the case.

In a parallel case, the woman was charged with trying to extort money from Chinmayanad. The Allahabad High Court granted her bail in that case in December last year.

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News Network
January 3,2020

Dhaka, Jan 3: Bangladesh's paramilitary force chief said on Thursday that a total of 445 Bangladeshi nationals returned from India in last two months following the publication of the National Register of Citizens (NRC) by the Indian government.

Border Guard Bangladesh (BGB) Director General Maj Gen Md Shafeenul Islam disclosed the figure during a press briefing here.

"About 1,000 people were arrested in 2019 for illegal border crossings from India to Bangladesh, with 445 of them returning home in November and December," he said.

After verifying their identities through local representatives, BGB came to know that all the intruders are Bangladeshis, Islam said, adding that 253 cases were lodged against them for illegal trespass, while initial investigations found that at least three of them were human traffickers.

The BGB Director said the trespassing did not create any tension between the border forces of Bangladesh and India.

Last week, Islam visited India where he said that the creation of the NRC is completely an "internal affair" of India and the cooperation between the border guarding forces of the two countries is very good.

He said the BGB will continue to do its work of preventing illegal border crossings as per its mandate.

A BGB delegation, led by Islam, was on a bilateral visit to India to hold DG-level border talks with its counterparts, the Border Security Force (BSF).

The talks took place from December 26-29, during which a host of issues related to cross-border smuggling and activities of criminals and others along the 4,096-km-long front were discussed.

Responding to a question, Islam said, "No discussion was held at the conference over the (NRC) issue".

He said during the five-day talks held in New Delhi, the BGB demanded that the BSF should take effective steps to prevent killings of Bangladeshis on frontiers as casualty figures sharply rose in 2019.

"The number of border killings in 2019 was highest in the last four years. As per our calculation, the number of such unexpected deaths was 35," the BGB chief said.

However, the BSF estimate of the casualty figure is much lower than our calculation, he said.

Islam said the BSF is following the policy of maintaining maximum restraint and minimal use of force even after being attacked by "armed border offenders".

A statement issued by the BSF last month in New Delhi after the conclusion of the DG-level talks said, "On the concern of the BGB regarding the death of Bangladeshi nationals on borders, it was informed to them that a non-lethal weapon policy is strictly followed by BSF personnel on borders.

"Firing is resorted to only in self-defence, when BSF patrols are gheraoed and attacked by ‘dah’ (a sharp-edged weapon) etc. It was specified that the BSF does not discriminate between criminals based on nationality," it said.

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