Dead man sentenced to 3-month rigorous imprisonment

August 28, 2016

Bengaluru, Aug 28: A division bench of the High Court has recalled an earlier order sentencing a dead man to undergo rigorous imprisonment of three months. The recall order came on August 16, 2016, six years after the court had passed the earlier judgement on July 28, 2010.vilang

The information that the accused was dead was not presented to the court when it passed the order in 2010. In its latest order, the court said: "It is a settled position in law that a judgement or an order passed against a dead person is a nullity in law."

Justice to the accused Swamygowda came after 18 years. The original case was against Swamygowda and Basavaraju in 1999. They were charged with attempt to murder, culpable homicide and voluntarily causing grievous hurt. In 2004, the trial court found them not guilty on the first two grounds but convicted them on the last count, sentencing Swamygowda to pay a fine of Rs 5,000 and Basavaraj to pay a fine of Rs 3,000.

The prosecution appealed to the HC in 2004 seeking enhancement of the sentence of the two. In 2010, the HC modified the sentence and ordered that both should undergo rigorous imprisonment for a period of three months and also pay a fine of Rs 50,000 each.

However, the HC was not informed that Swamygowda had died on March 22, 2008, when the appeal was still pending. The issue came to light that a dead man was sentenced to imprisonment after Swamygowda's wife filed an application earlier this year to recall the 2010 judgement against her husband.

The public prosecutor appearing for the State opposed the recall of the judgement sentencing Swamygowda, submitting that "the Court has no power to alter or review the judgement or final order disposing of a case, after it is signed, except to correct a clerical or arithmetical error."

In its latest judgement recalling the earlier order, the HC said: "the death was not brought to the notice of this Court at the time of disposal of the appeals". As the order against Swamygowda is nullified, the court said it was being recalled. "As this Court had disposed of the appeals without noticing the death of the respondent No.1-Swamygowda, the common judgement dated 28.07.2010 rendered in these appeals as against respondent No.1 is a nullity, and in view of Section 294 of Cr.PC, it requires to be recalled."

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News Network
June 5,2020

Jun 5: A young woman was forced to drink liquor allegedly by her husband after which he along with four friends assaulted, burnt her with cigarette butts and raped her in front of her five year-old son, police said on Friday.

All the five, who were taken into custody earlier, have been arrested. The shocking incident occurred in the state capital last night.

The incident came to light after the 25-year-old woman, approached police and complained against her husband and his four friends.

A case has been registered against the five accused for kidnapping, assaulting and gangrape.

Since the incident took place in front of the child, a case under Protection of children from sexual offices Act has also been charged against the accused.

Meanwhile, State health and family welfare minister K K Shailaja asked the state police chief to take stringentction against the culprits as "such cruelty happened in front of her child."

The Kerala State Women's Commission on its own registered a case and sought report from the Thiruvananthapuram Rural SP.

She managed to escape from there and pleaded for help from a young man, who saw in heran inebriatedstate, and took her to her house and informed police.

The man later told some television channels that she was crying, had injuries on her face and pleaded for help.

Police have recorded the statement of the woman, who was admitted to a government hospital here and later discharged.

She had also stated that the men had tortured her using cigarette butts.

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News Network
January 20,2020

Ahmedabad, Jan 20: Cops in Gandhinagar fell in a catch-22 situation when a state government employee approached them with a complaint that the 26-year-old woman class teacher of his 14-year-old son had gone missing taking his son in tow. The man, who works at Udyog Bhavan in Gandhinagar said the woman had seduced his teenage son, who studies in class VIII and taken him away with her. The boy had gone missing from 4pm on Friday, and the classteacher was also missing.

A police official said the woman teacher had been too intimate with the allegedly missing boy for around a year, and the school authorities had recently rebuked them. “As their relationship was unaccepted, they left their homes on Friday,” he said. It was rare to find a case of a woman teacher eloping with her teenage student, the official added.

An FIR for elopement under Section 363 IPC has been registered with Kalol city police in Gandhinagar district. The complaint stated the teacher is a resident of Darbari chawl in Kalol town.

“When I reached home at around 7pm, I found my son missing. My wife told me he had left home at around 4pm. We searched for him in the neighbourhood and among relatives, but couldn’t trace him,” claims the teenage boy’s father in the FIR. “I went to the teacher’s house but they were not there,” the man stated.

Inspector K K Desai of Kalol city police said the missing duo could not be traced as they were not carrying cellphones.

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News Network
January 2,2020

New Delhi, Jan 2: A 20-year-old man set his motorcycle on fire after he was challaned by the traffic police in south Delhi's Greater Kailash area on Wednesday, police said.

Vikas, a resident of Sangam Vihar, was challaned by the traffic police for riding the motorcycle without helmet, a senior police official said.

The traffic police challaned him and impounded the motorcycle, following which Vikas set the bike on fire, the officer said.

A case has been registered and the accused arrested, the officer added.

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