Sex worker can't allege rape if denied money: SC

October 12, 2016

New Delhi, Oct 12: Acquitting three persons of rape charges, the Supreme Court has ruled that a sex worker cannot lodge a sexual assault complaint against her customers if they refuse to pay.

scA bench of Justices Pinaki Chandra Ghose and Amitava Roy said that though the evidence given by a woman alleging rape must get importance from the trial court, but it could not be taken as "gospel truth".

"The evidence of prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should always, without exception, be taken as gospel truth," the bench said.

The ruling came in a 20-year-old case from Bengaluru. A woman, working as a maid, had alleged that three persons abducted her in an auto, took her to a garage and repeatedly raped her.

The three accused had challenged a Karnataka high court order directing their prosecution. The SC bench examined the witness all over again and said, "Her conduct during the alleged ordeal is also unlike a victim of rape and betrays somewhat submissive and consensual disposition."

In her statement to the trial court, the woman had said that after the three accused dumped her, she went back to locate the garage where she was raped before lodging the complaint so as to enable her to give proper evidence about the crime.

The woman's roommate, however, spilled the beans while deposing as a witness. She said the woman used to take financial help from the accused persons and, after completing her household work, used to indulge in prostitution at night. The roommate further told the court that the woman had approached the accused persons for Rs 1,000 which they declined to give.

When asked why she had lodged the complaint against the accused persons, the woman had said that it would have compelled them to pay the money she wanted.

The bench said, "This witness's version is plausible, and thus, fits in with the defence plea to demolish the prosecution case." Writing the judgment for the bench, Justice Roy said, "Her vengeful attitude in the facts and circumstances, as disclosed by her, if true, demonstrably evinces a conduct manifested by a feeling of frustration stoked by an intense feeling of deprivation of something expected, desired or promised."

Acquitting the three accused, Justices Ghose and Roy drew the conclusion, "We are of the unhesitant opinion that the prosecution has failed to prove the charge against the appellants to the hilt as obligated in law and thus, they are entitled to benefit of doubt."

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News Network
July 9,2020

Etawah, Jul 9: Another aide of the Kanpur encounter accused Vikas Dubey, Bahua Dubey, died in an encounter with the police, here on Thursday.

"Today at around 4.30 AM, in an encounter with the Etawah Police, one person has died. from him, a rifle and a pistol too has been recovered. When we shared the information with the Kanpur Police, they identified him as Bahua Dubey," said SSP Etawah Akash Tomar.

"He was involved in the Kanpur encounter alongside Vikas Dubey and there was a bounty of Rs 50,000 on him," he added.

"Around 3 AM on the highway near Mahewa Police Station Bakewar, a Swift Dzire car was looted by four armed assailants on a Scorpio. Around 4:30 AM, they were intercepted at Kachaura road under Police Station Civil lines by the police. When police parties chased them, the car collided with a tree, and criminals started firing at the police," he further said.

Dubey sustained injuries during the encounter and was pronounced dead when taken to the hospital. However, the other three managed to escape. One pistol, a double-barrel gun, and several cartridges have been recovered, he informed further.

Earlier today, Prabhat Mishra, also an aide of the main accused, died after being shot at by the police.

Mishra had sustained an injury on the leg after being shot at by the police and was rushed to a hospital before being pronounced dead.

Vikas Dubey is the main accused in the encounter that took place in Kanpur last week, in which a group of assailants allegedly opened fire on a police team, which had gone to arrest him. Eight police personnel were killed in the encounter.

A search operation is currently underway to nab Dubey.

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News Network
June 5,2020

Jun 5: The fear of contracting COVID-19 infection allegedly forced a 65-year-old man to commit suicide in Maharashtra's Beed district, police said on Friday.

The incident occurred at Mangewadi in Patoda on Thursday, when a passerby found the body of Asaram Pote hanging from a tree in his farm, an official said.

The police were immediately alerted and Pote's body was brought down in the presence of his relatives and locals, he said.

A suicide note was found on the deceased's person, in which he said that he had taken the extreme step as he was scared of contracting COVID-19 infection and no one should be held responsible for his death, the official said.

A case of accidental death was registered in this regard and further probe was underway, he added.

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News Network
February 10,2020

Mumbai, Feb 10: Ankita Pisudde, a resident of Hinganghat town in Wardha, was critical after sustaining 40% burns on February 3 when she was set afire, allegedly by one Vikesh Nagrale (27) while she was on her way to college.

The 25-year-old woman lecturer who was set on fire by a stalker in Maharashtra’s Wardha district last week died at a hospital in Nagpur on Monday morning, a police official said.

Ankita Pisudde, resident of Hinganghat town in Wardha, had been critical after sustaining 35 to 40% “grade III” burns on February 3 when she was set afire allegedly by one Vikesh Nagrale (27) while she was on way to her college, they said.

She was undergoing treatment at the Orange City Hospital & Research Centre here, located around 75 km from Wardha.

“Doctors at the hospital declared her dead at 6.55 a.m. today,” Hinganghat’s police inspector Satyaveer Bandiwar said.

The woman sustained deep burn injuries on scalp, face, right upper limb, left hand, upper back, neck and eyes along with severe inhalational injuries, the hospital said in a medical bulletin on Monday.

She died of “septicemic shock” after suffering from deep dermal burns along with severe inhalational injuries, respiratory distress and related complications, it said.

Around 4 a.m. on Monday, her oxygen levels deteriorated inspite of ventilator support, coupled with decreasing urine output and reduction in blood pressure, the hospital said.

As part of immediate resuscitation measures, medicines were escalated to maintain the blood pressure and all feasible steps were taken to improve the oxygen levels in blood, but the patient remained “extremely critical”, it said.

“Around 6.30 a.m., she had bradycardia and inspite of prolonged cardiopulmonary resuscitation, the patient could not be revived and was declared dead at 6.55 a.m.,” it said.

The probable cause of death was “septicemic shock”, the bulletin added.

During her treatment, she underwent tracheostomy (creating an opening in neck to place a tube into the windpipe to allow air to enter the lungs), burn dressings, debridement and escharotomies, the hospital informed.

Debridement is a medical procedure to remove dead, damaged or infected tissue, while escharotomy is a surgical procedure used to treat full-thickness (third-degree) circumferential burns.

The woman’s parents and uncle were kept informed about her deteriorating health condition and death, the hospital said, adding that the body was later handed over to police for postmortem and other formalities.

After the woman’s condition deteriorated, the hospital informed about her critical status to Maharashtra Home Minister Anil Deshmukh, Wardha Guardian Minister Sunil Kedar, Nagpur Divisional Commissioner Sanjeev Kumar, Police Commissioner Bhushan Kumar Upadhyay, Wardha Collector Vivek Bhimanwar and Wardha Superintendent of Police Basavraj Teli.

Heavy security was deployed in Hinganghat to avoid any law and order problem following her death, the police said.

Several locals, mostly women and college students, took out a march in Wardha city last Thursday, demanding death penalty for the accused.

Home Minister Deshmukh visited the hospital on Tuesday and announced that the accused’s trial would be fast-tracked.

The State government last week flew Navi Mumbai-based National Burns Centre director Sunil Keswani to Nagpur to supervise the woman’s treatment.

It has also appointed well-known lawyer Ujjwal Nikam as special public prosecutor in the case.

According to the victim’s relatives, Nagrale, who was arrested within hours of the incident on February 3, had been harassing her for quite some time.

Nagrale and the woman were friends till two years ago when she severed ties with him due to his “irrational behaviour”, the police earlier said.

A special team led by Deputy Superintendent of Police Trupti Jadhav will probe the case, the Wardha Police said last week.

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