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 16,2020

Surat, Jul 16: Woman police constable Sunita Yadav, who had a confrontation with a minister's son over lockdown violation which led to his arrest here in Gujarat, claimed she has resigned from service. However, a senior police official has denied it.

Prakash Kanani, the son of Gujarat Minister of State for Health Kumar Kanani, and his two friends were arrested on Sunday for allegedly violating the lockdown and night curfew orders in Surat, a COVID-19 hotspot, a senior police official earlier said.

Yadav, who is being hailed on social media for taking action against the minister's son, told news channels on Wednesday that she had put in her papers.

"I have resigned because I did not receive support from my superior officers. I was only doing my duty as a constable. It's the fault of our system that these people (like the minister's son) think they are VVIPs (very very important persons)," she said.

However, a senior police official here denied that she has resigned.

"She has not given her resignation. The inquiry is still on and technically she cannot resign at this juncture," Surat Police Commissioner R B Brahmbhatt said.

Yadav's action had led to the registration of an FIR and arrest of Prakash Kanani and two of his friends for alleged violation of lockdown and curfew norms in Surat city.

The arrests came after a video of a heated exchange between them and Yadav, who pulled up the trio for violation of curfew, surfaced on social media. The trio was later released on bail.

Since the incident, Yadav is being hailed on social media.

While some social media users called her "Lady Singham" (referring to the tough cop in the Hindi film "Singham"), some suggested she contest the 2022 state Assembly polls against Kumar Kanani, who represents Varachha constituency in Surat district.

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News Network
June 27,2020

Guna (MP),  Jun 27: A 20-year-old woman was arrested for allegedly eloping with her minor partner and "marrying" her at Guna town in Madhya Pradesh, police said on Saturday.

The matter came to light, when a resident of Budhe Balaji area approached the Kotwali police station on Monday with a complaint that his 17-year-old daughter had gone missing, additional superintendent of police T S Baghel said.

On investigation, it was found that a relative from a village Shivpuri district, who was living with the family, was also missing, he said.

A team was sent to the village and the duo was caught on Friday, the official said, adding that the woman had married the minor, who claimed that she had eloped of her own volition.

The woman was arrested under relevant sections of the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act, while the minor was sent back to her family after counselling.

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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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