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
May 19,2020

Bareilly (UP), May 19: Samajwadi leader Chhotelal Diwakar and his son, Sunil Diwakar, were shot dead in broad daylight in Sambhal district of Uttar Pradesh on Tuesday. The entire incident was caught on camera.

The murder was apparently a fallout of a dispute over laying of a road under MGNREGA.

Chhotelal Diwakar had contested the 2017 assembly elections on a Samajwadi Party ticket.

Superintendent of Police, (SP), Sambhal, Yamuna Prasad, said, "Some work was being carried out under MGNREGA due to which some dispute happened. Two people have been shot dead. We will reach the spot of the incident to find more details."

According to his family members, Diwakar and his son had gone for a walk in the fields when the assailants came on a motorbike and after a brief altercation, shot them dead. They fled on foot, leaving their motorbike behind.

A large number of SP workers reached the village soon after the news of the double murder spread.

SP Yamuna Prasad who reached the spot that falls under Behjoi police station, soon after the murders, said that a manhunt has been launched for the assailants. He said that further investigations were underway and the bodies have been sent for post mortem.

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Agencies
May 10,2020

Mumbai, May 10: A 32-year old man, running a bakery here has been arrested for alleged promotion of products using a tagline that said his firm does not employ Muslims, police said on Sunday.

The man, who is also selling his products online had allegedly said "made by Jains on orders, no Muslim staff" for promotion purposes in his WhatApp group.

A complaint was lodged against him saying the words depicted Muslims in a bad light and Mambalam police registered a case and arrested him, a release said adding a probe was on.

Recently, a man was arrested in Mumbai after he allegedly refused to collect groceries he had ordered online since the delivery person was a Muslim.

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News Network
April 24,2020

Thane, Apr 24: A 34-year-old man was allegedly attacked on suspicion of being a COVID-19 patient and died after falling into a gutter during the assault in Kalyan town of Maharashtra's Thane district, police said on Friday.

The incident took place on Wednesday morning, when Ganesh Gupta had stepped out of his home to purchase some essentials amid the COVID-19 lockdown, an official said.

On noticing some policemen manning the street, the victim took an alternate route, where a few passersby assaulted him after he coughed while walking, he said.

The men suspected him of being a COVID-19 patient and attacked him, causing him to fall into a gutter and die, the official said.

The deceased's body was sent for post-mortem and a case of accidental death has been registered as of now, the station house officer of the Khadakpada police station said.

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