Rape victim who turns hostile during trial ineligible for relief: High Court

News Network
October 3, 2019

Bengaluru, Oct 3: A rape victim who turns hostile during trial is not entitled to compensation under Victim Compensation Scheme, said the Karnataka high court.

The court made the observation while rejecting the claim of an alleged rape survivor, who had sought release of Rs 7 lakh compensation from Karnataka State Legal Services Authority (KSLSA).

Justice Alok Aradhe noted that clause 6 (3) of the scheme required the claimant to cooperate with the investigation and the trial and clause 7 (10) spoke about recovery of the compensation with 15% interest, if it is held by the trial court that the survivor or dependants had obtained the order sanctioning the compensation on a false or fabricated complaint.

The judge was of the view that in the case at hand, the woman and her father had been declared hostile and KSLSA was right in holding that she is not entitled to compensation.

The woman alleged that she was raped on March 11, 2014. An FIR was filed and chargesheet was submitted based on her complaint. Her father submitted a representation on May 22, 2015, seeking compensation and the District Legal Services Authority passed an award on March 24, 2018, granting Rs 3 lakh.

However, during the pendency of the proceedings before the authority, the woman and her father were declared hostile in the criminal proceedings. Thereafter, on May 23, 2019, KSLSA set aside the order of the district legal services authority, where Rs 3 lakh compensation was awarded to the woman.

The woman contended that an opportunity of hearing was not afforded to her. However, Justice Aradhe noted that in case where only one conclusion was possible, such a plea on principles of natural justice cannot be entertained.

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.
coastaldigest.com web desk
June 25,2020

Bengaluru, Jun 25: In the wake of unexpected surge in the coronavirus positive cases in Bengaluru, the special task force team assigned with the task of creating Covid Care Centres (CCC) has made elaborate arrangements the Haj Bhavan.

Civic authorities have already shifted around 50 Covid-19 patients to Haj Bhavan. 

BBMP Commissioner B H Anil Kumar said on Thursday that due to an increase in the number of cases and due to shortage of beds in hospitals, the Haj Bhavan has been converted into CCC.

Headed by Rajendar Kumar Kataria, Secretary, Horticulture and Sericulture department, the CCC task force has arranged 400 beds at Haj Bhavan. 

“The facility at Haj Bhavan has already been made operational. Doctors, nurses, paramedical and house-keeping staff from BBMP have been deployed as per SOPs. All essential equipment, medicines and other facilities have been made available in adequate numbers at the Haj Bhavan,” Kataria explained.

In the second phase, the task force team has identified hostel rooms of seven engineering colleges, which would fetch about 3,200 beds to house asymptomatic Covid-19 patients. 

If need arises, the task team in the third and final phase, will consider the facilities such as Palace Grounds, Bengaluru International Exhibition Centre, Indoor Stadiums at Kanteerava and Koramangala to be converted as CCC.

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
August 7,2020

Bengaluru, Aug 7: Amid the rising number of COVID-19 cases in Karnataka, the state's health department issued fresh guidelines for the disposal of bodies of COVID patients.

"Although an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the body is unlikely, the lack of scientific data requires the utmost care to avoid the inadvertent spread of COVID-19 during these times," the statement from the health department's press release read, emphasising on the dignity of the dead and the religious and cultural tradition.

The 23-page press release elaborated on guidelines regarding testing, handling of dead bodies and other specificities in relation to the management of COVID-19 bodies.

"Testing should not be insisted in every case of death, but only when they have a recorded history of influenza-like symptoms. The body should be handed over to the family members/ relatives in a dignified manner immediately after swab collection and hospitals should provide handouts with a list of dos and don'ts in English and Kannada laying down relevant information," the statement said.

It added, "At the mortuary, health care workers, mortuary staff and the family of the deceased body shall not come in direct contact with the dead body and must wear full personal protective equipment (PPE). If the family or relative are for any reason unable to cremate or bury the body, the local health authority shall arrange for the dignified last rites as per the religious traditions of the family."

Regarding autopsies (post mortem) on COVID-19 bodies, the state department said that they should be avoided, except in necessary circumstances.

The statement also gave detailed guidelines regarding the appropriate recording of COVID-19 deaths in line with the Indian Council of Medical Research (ICMR) guidelines.

Additionally, the health department made a statement about the admission procedure for COVID positive patients referred by other district administrations saying, "It is now mandatory for all the referrals from the BBMP admission and discharge of COVID positive patients to be done through the online COVID Hospital Bed Management System (CHBMS)."

The state's count of coronavirus cases was 1,51,449 in the past 24 hours.

So far, a total of 2,804 people have died due to COVID-19 in the state, while the average recovery rate in Karnataka is 49.3 per cent.

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 16,2020

Mangaluru, Feb 16: Leaving spectators awestruck, Karnataka's Srinivasa Gowda ran 142.5 meters in 13.62 seconds at traditional buffalo race Kambala, following which people started comparing him to former Jamaican Sprinter Usain Bolt.

Gowda, who is from Mudbidri town, accomplished the feat during a Kambala race in a paddy field in Kadri on February 1.

"People are comparing me to Usain Bolt. He is a world champion, I am only running in a slushy paddy field," said Srinivasa Gowda.

People took to social media and drew a parallel between him and Bolt. Twitterati hailed Gowda and his accomplishment on the muddy grounds.

Kambala is an annual buffalo race held in the southwestern state of Karnataka.

Traditionally, it is sponsored by local Tuluva landlords and households in the coastal districts of Dakshina Kannada and Udupi.

"I'll call Karnataka's Srinivasa Gowda for trials by top SAI Coaches. There's lack of knowledge in masses about the standards of Olympics especially in athletics where ultimate human strength & endurance are surpassed. I'll ensure that no talents in India is left out untested," Union Sports and Youth Affairs Minister Kiren Rijiju tweeted on Saturday.

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.