HC awards life term for two in acid attack case

March 20, 2012

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Bangalore, March 20: In a major relief to an acid attack victim, the High Court on Monday sentenced two persons convicted of the offence to life imprisonment along with imposing a fine of Rs 10,000 each.

The verdict, which came after a span of 10 years, can be seen as justice delivered to Sudesh, a resident of KGF, who was blinded in the acid attack.

The Division Bench comprising Justice K Bhaktavatsala and Justice H S Kempanna, which set aside a trial court order, has not only sentenced the accused Amanullah and Moinuddin to life imprisonment, but has also directed them to pay a sum of Rs one lakh each to the victim.

Sudesh, a diploma student in KGF, was in love with Naheeda, his neighbour.

Although Sudesh’s parents had consented for the marriage as Naheeda’s parents objected to it.

However, Sudesh and Naheeda continued the affair. Being aware of it, Moinuddin, the girl’s brother, threatened Sudesh with dire consequences.

When the couple did not heed his threat, Moinuddin and his friend Amanullah hatched a plan. On May 1, 2002, the two threw nitric acid on Sudesh at a library.

The acid blinded Sudesh in both the eyes. He also suffered severe burns on the face, neck and chest.

On July 3, 2006, the trial court acquitted Moinuddin and Amanullah citing lack of evidence. The court acquitted the accused on the grounds that victim Sudesh, the prime witness in the case, could not reveal the identity of the accused during the medical examination.

When the State appealed before the High Court, Additional State Public Prosecutor (ASPP) N S Sampangiramaiah submitted that the trial court had erred in not considering the evidence. The ASPP highlighted a Supreme Court order which laid down that the victim need not mention the name of the accused in the FIR or even testify before the doctor.

The Division Bench upheld the contention of the State, setting aside the trial court order and observed that the duty of the doctor was not to record any statement but to treat the patients. The Bench said that the victim, being in a state of unbearable pain at the time of the incident, could not possibly be in a position to identify the accused or reveal details and motive of the accused.


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News Network
January 18,2020

New Delhi, Jan 18: Two men accused of kidnapping and brutally raping a five-year-old girl in Delhi in 2013 have been held guilty by a court in the national capital today. The POCSO court, which will announce the quantum of punishment on January 30, said, "In our society the minor girls are worshipped as goddess on certain occasions but in the present case the victim child had experienced exceptional depravity and extreme brutality."

"The crime against the victim was committed in a most grotesque and revolting manner and the collective conscience of the community was shaken," the court added while holding the accused - Manoj Shah and Pradeep Kumar - guilty.

The assault which took place just four months after Nirbhaya's brutal rape had grabbed headlines with its shocking details. The girl, who was named Gudiya by sections of the media, went missing and the police told her parents to look for her themselves. She was found two days later, tied in the basement of the east Delhi house she lived in with traces of candles and bottles inside her private parts.

The convicts had fled after raping Gudiya and shoving a candle and bottle inside her private parts, leaving her at Manoj Shah's room, after believing the five-year-old to be dead. The child was rescued 40 hours later on April 17, 2013.

Manoj Shah and Pradeep Kumar were arrested by Delhi police separately from Muzaffarpur and Darbhanga in Bihar respectively in 2013. The charge sheet was filed on May 24 that year and charges were framed by the court on July 11. But, it took more than five years to complete the recording of the statement of 57 prosecution witnesses in the POCSO court.

"Though the trial should have been completed in two years, we are happy we got justice," said the father of the girl.

One of the convicts, Manoj Shah, allegedly assaulted some reporters while being taken out of the courtroom.

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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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News Network
February 19,2020

Bengaluru, Feb 19: Bengaluru City Crime Branch (CCB) on Wednesday raided a spa in Koramangala area and rescued six girls.

The owner of the spa is absconding and the manager has been arrested.

Further details are awaited.

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