Rape accused gets bail, Court says physical relation consensual

January 23, 2017

New Delhi, Jan 23: A man accused of raping a 26-year -old woman on the pretext of marriage has been granted bail by a Delhi court, which said the complainant had consented for physicalrelationsand knewtheconsequences of her act.

lawAdditional Sessions Judge R K Tripathi released the accused on bail noting that the complaint was lodged as the accused, a Delhi resident, was neither agreeing to marry the woman nor was he attending her calls.

"The complainant is reported to be 26-year-old and a graduate. Accused is alleged to have made physical relations with her on the pretext of marriage. The complainant consented for physical relationship with him before solemnisation of marriage. She knew the consequences of her act that accused may or may not marry her," the judge said.

The judge further noted that as per the complainant, the accused was "neither agreeing for marriage nor he is attending her calls. On the aforesaid allegations of complainant, FIR under section 376 (rape) of the IPC was registered."

The court, while granting him bail, said, "Accused is not required for his custodial interrogation. No incriminating material is to be recovered at the instance of accused. He is permanent resident of Delhi.There is nopossibility of his absconding or fleeing from justice."

The court also directed that the accused shall not contact the complainant and will not threaten or intimidate her.

"He shall also not try to influence the prosecution witnesses. Accused shall not leave the country without prior permission of the court," it said.

An FIR was lodged this month on the basis of written complaint given by complainant, alleging that the accused, whom she met on April 2, 2014 at Nizamuddin Dargah in south east Delhi here, lured her into a physical relations on the pretext of marriage.

It alleged that he sexually assaulted her on two occasions and then stopped taking her calls and refused to marry her.

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Agencies
January 8,2020

Muzaffarpur, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.

The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.

A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.

Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.

Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.

He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.

The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.

The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.

Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.

The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".

The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.

It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates", after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.

The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.

The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.

Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.

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Agencies
March 22,2020

Thane, Mar 22: Eight men were arrested at Kalyan in the district on Sunday as they were found playing cricket during the 'Janata curfew' being observed to check the spread of coronavirus, police said.

They were playing cricket at Kala Talao Maidan in the afternoon, police said.

Police also detained a boy in this connection, an official said.

"Action was taken against them for defying the prohibitory orders issued by the Thane Police Commissionerate.

They also went against the 'Janata curfew' being observed to curb the spread of coronavirus," the police official said.

The Mahatma Phule Chowk Police Station registered an offence against the accused under IPC sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life), 290 (public nuisance).

They were also booked under the Maharashtra Police Act as well as the National Disaster Act 2005, the official said.

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Agencies
March 26,2020

Puducherry,Mar 26: Congress legislator from Kamaraj Nagar constituency John Kumar has been booked on charges of violating lock-down rules, Lt Governor Kiran Bedi said on Thursday.

In a Whats app posting she further said that an FIR has been registered under the Disaster management Act.

She stated John Kumar in an irresponsible manner allowed more than 200 people to gather outside his house and distributed doles personally when lock down was enforced in the country.

A criminal case has been registered against him for blatant violation of law despite mass information and media messages.Instead of following the law, he chose to violate it,she further stated.

The LG added that as per the ground report by IGP Surendra Yadav, there was perceptible improvement in enforcement of lock down and public were aware and cooperative.Vehicles carrying essential supplies and personnel were moving and every day is an improvement.

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