Rapist-killer gets death in 10-day trial

January 16, 2013

rapist_getsNew Delhi, Jan 16: Ten days after being set up to try cases of sexual offences against women, a fast-track court in Dwarka, west Delhi, on Tuesday gave the death sentence to a 56-year-old farmhouse guard for raping and killing a three-year-old girl in 2011.

This was the first sentence handed out by any of the fast-track courts set up in the capital after the Nirbhaya gang-rape.

Terming the crime as "most diabolic and gruesome", additional sessions judge Virender Bhat sent the accused, Bharat Singh, to the gallows, saying the case fell in the "rarest of rare" category. The victim had died while she was being raped and her internal organs had come out, the court said.

"There is a steep rise in crimes against women, particularly minor girls. Time has come when the courts have to take a stern view of such crimes and inflict harsher punishment possible upon the perpetrators... so that a stern message is sent to society," the court said.

On April 10, 2011, the girl was returning to her house in Kapashera in southwest Delhi when she strayed towards the farmhouse. The girl was called inside by Singh, who was alone on duty, and was raped by him, the prosecution had said.

The court noted that the girl was subjected to his "lust" in such a "ghastly" manner that she died during the crime. The convict was so merciless that after the girl died he threw her body in some bushes inside the farmhouse. It was discovered a couple of days later after the place started stinking," it said.

The court said the brutality of the crime was similar to that of Nirbhaya's. "He did not heed the cries of the minor victim... It was a ghastly and heinous crime, and the convict opted to do it in such a brutal manner that her internal organs were pulled out," it said.

The convict was awarded capital punishment for murder under section 302 and life sentence for rape (section 376) besides a fine of Rs 1 lakh.

The defence's argument that section 302 was not made out as Singh had no intention of killing the girl, did not impress the court. Holding Singh guilty of murder, the court noted that medical evidence clearly showed that the girl had died due to the commission of rape.

Demolishing the arguments of the defence, the court said the fact that he committed rape on a three-year-old girl knowing that the child would not be able to stand the pain and trauma, a case of murder was made out. "Such persons are a menace to society and he deserve no leniency," the court said.

Initially, the girl's father had lodged a complaint with the police that his daughter was missing. After the girl's body was recovered, a case of rape and murder was registered and the case was sent for trial.

After being set up on January 5, the fast-track court concluded the case within 10 days of getting it from another sessions court. At that time, the case was at the stage of finishing the recording of evidence. Within 10 days, ASJ Bhat recorded the statement of the accused, heard the final arguments in the case and pronounced the judgment.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 11,2020

New Delhi, Feb 11: Votes between Hindus and Muslims were ''completely polarised'', said Congress party's Alka Lamba, as she trailed at Chandni Chowk assembly seat on Tuesday.

"I accept the result, but don't give up. Hindu-Muslim votes were completely polarised. The #Congress Party will now have to prepare for a new fight with new faces and a long struggle for the people of #Delhi. If you fight today, you will also win tomorrow," Ms. Lamba tweeted in Hindi.

As per the Election Commission (EC) website, Ms. Lamba is in third position with just 1,229 votes so far. AAP's Parlad Singh Sawhney is ahead with 23,281 votes followed by Suman Kumar Gupta of BJP.

Ms. Lamba, who had won from Chandni Chowk on an AAP ticket in the 2015 polls, was expelled from AAP last year after she joined Congress, citing differences with Delhi Chief Minister Arvind Kejriwal.

As per the EC official trends, AAP is maintaining a strong lead on 58 seats, while the BJP is far behind at 12. Congress has failed to open its account so far.

The counting of votes for 70 seats of the Delhi Assembly began at 8 am today amid tight security.

Delhi went to polls in a single-phase on February 8. AAP, BJP, Congress are the main political parties in the fray.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 11,2020

New Delhi, Jun 11: India on Thursday rejected a US government report that voiced concerns over alleged attacks and discrimination against religious and ethnic minorities in the country.

"Our principled position remains that we see no locus standi for a foreign entity to pronounce on the state of our citizens' constitutionally protected rights," Spokesperson in the Ministry of External Affairs Anurag Srivastava said.

He was replying to a question on the report at an online media briefing.

Mandated by the US Congress, the '2019 International Religious Freedom Report' that documents major instances of violation of religious freedom across the world was released by Secretary of State Mike Pompeo on Wednesday.

"India's vibrant democratic traditions and practices are evident to the world. The people and government of India are proud of our country's democratic traditions," the spokesperson said.

"We have a robust public discourse in India and constitutionally mandated institutions that guarantee protection of religious freedom and rule of law," he added.

The India section of the report said that US government officials underscored the importance of respecting religious freedom and promoting tolerance and mutual respect throughout the year with the ruling and opposition parties, civil society and religious freedom activists, and religious leaders belonging to various faith communities.

The report referred to the revocation of the special status of Jammu and Kashmir last August and the passage of the Citizenship Amendment Act (CAA) in Parliament in December as major highlights for India last year.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.