Unnao victim's dying statement strong evidence: Top cop

Agencies
December 10, 2019

Lucknow, Dec 10: The dying declaration of the 23-year-old Unnao rape victim, who was set ablaze last week by five men, including the two accused of raping her earlier, is a "strong evidence" and will be used to nail her killers, Uttar Pradesh police chief O P Singh said on Tuesday.

The police will go in for the prosecution of the five accused in a fast-track court, the director general of police said a day after the Utter Pradesh government took a Cabinet decision to set up 218 new fast-track courts -- 144 to try rape cases and 74 for sexual offences against children.

"Dying declaration is a very strong evidence, and certainly, it will be used. Before dying, the girl deposed before a sub-divisional magistrate that these five persons attacked her," DGP Singh told PTI.

"When she was taken to Delhi and admitted to the hospital, she also had a chat with doctors. We will try to get the statement of the doctor also in this regard. These will be strong evidence to chargesheet these five criminals," he added.

Singh also said the police will soon file the chargesheet in the murder case.

"We will be chargesheeting them within a few days. We want to fast-track the entire case," said the police chief.

"We are also exploring the possibility of going for the DNA test of the accused," said Singh.

Explaining the rational behind going in for the DNA test of the accused, the police chief said the victim also had a mobile phone and a purse, which have already been sent for the forensic test to ascertain if those items came in contact with the accused and carry their fingerprints or traces of their sweat or hair etc from which the DNA sample of the accused could possibly be lifted.

"We would then match the DNA samples of the accused to those found on the victim's items," said Singh.

"We also have several strong pieces of circumstantial evidence in the case," said the DGP.

In her statement to Sub Divisional Magistrate Dayashankar Pathak, the woman had said she was attacked when she reached Gaura turn near her home on her way to the court to attend hearing in her rape case.

She had specifically named Harishankar Trivedi, Ram Kishore Trivedi, Umesh Bajpai, Shivam Trivedi and Shubham Trivedi as the persons who set her on fire.

She had also said Shivam and Shubham Trivedi had abducted and raped her in December 2018. The FIR in the case, however, was registered in March.

After being set on fire, the woman had run amok in a ball of fire, crying for help for a while, before people rushed to help her and called police.

After the chilling incident, the woman was first taken to a community health centre from where she was sent to the district hospital and then to a hospital in Lucknow, before finally airlifted to Safdarjung Hospital in Delhi where she died a day later.

All the five men involved in the Thursday morning attack were arrested within hours of the crime.

In a video, which surfaced on social media on Tuesday, family members of Shivam Trivedi said, "All I want from the government is a CBI probe into the matter. We want justice."

The Uttar Pradesh government on Monday cleared a proposal to set up 218 new fast-track courts to try sexual offences against women and children. The state presently has only 81 fast track courts.

Now, all cases of sexual offences in the state will be tried by fast-track courts, state Law Minister Brajesh Pathak had told reporters on Monday while announcing the Cabinet decision to set up 218 fast track courts to handle cases of rapes and other sexual offences.

The state presently has over 42,000 cases of crime against children besides 25,000 cases of rape.

Comments

Dead Indian
 - 
Wednesday, 11 Dec 2019

My dear police officer....treat this unnao rape victim as your daughter and encounter the rapist as you did in DR killer. if even he is from BJP, baba or MLA..

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
June 15,2020

New Delhi, Jun 15: Two officials working with the Indian High Commission in Islamabad have reportedly gone missing, sources said.

The two officials are untraceable for the last few hours.

Recently news agency reported on how Pakistan 's spy agency ISI has been tailing and harassing Indian officials and also increased their presence at the residence of Acting High Commissioner Gaurav Ahluwalia.

This incident came in the backdrop when two Pakistani officials were caught red-handed and sent back trying to collect classified information and spying in Delhi.

South block is watching the developments closely, the Indian mission has also launched a complaint with local authorities and taken up the matter Pakistan Foreign Ministry.

This incident can cause a further dip in the already tense India-Pakistan relations.

Earlier in the month, India deported two Pakistani officials for espionage activities in India.

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

Coronavirus India update: State-wise total number of confirmed cases, deaths on July 24

The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

Coronavirus Worldometer | 15 countries with the highest number of cases, deaths due to the Covid-19 pandemic

He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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