Rapist can be awarded lesser punishment for special reasons: SC

March 1, 2015

New Delhi, Mar 1: The Supreme Court has said that a rape convict can be awarded lesser punishment if courts find "adequate and special" reasons for doing so.

Though a bench of justices M Y Eqbal and Pinaki Chandra Ghose upheld the conviction of Madhya Pradesh resident Ravindra in a 20-year-old rape case, it allowed him to walk free after imposing a jail term already undergone by him.

Rapist SC
Referring to a case law, the court considered as "adequate and special" reasons the fact that the trial was protracted and both convict and the victim have married separately.

It also lent weightage to the fact that they have even entered into a compromise.

Section 376 (2) (g) of the IPC provides that the courts "for adequate and special reasons to be mentioned in the judgement" may impose a sentence of imprisonment of either description for a term of less than 10 years.

"We are of the opinion that the case of the appellant is a fit case for invoking the proviso to Section 376(2)(g) of IPC for awarding lesser sentence, as the incident is 20 years old and the fact that the parties are married and have entered into a compromise, are the adequate and special reasons," the bench said.

Ravindra was held guilty for rape by a trial court and was awarded 10 years rigorous imprisonment for raping a woman working in his fields on August 24, 1994.

The Madhya Pradesh High Court dismissed his appeal in 2013 and upheld his conviction and sentence, saying that in prosecution of rape, the law does not require corroboration of evidence.

The apex court agreed with the contention of Ravindra that he and the victim have entered into a compromise and she does not want to proceed with the case against him and wants to close the case as both of them are married (not to each other) and have settled in life.

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News Network
April 28,2024

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Bengaluru: JD(S) leader H D Kumaraswamy on Sunday said he would like to wait for the facts to come out of the investigation into an alleged sex scandal involving his nephew and Hassan MP Prajwal Revanna, but asserted that there is no question of forgiving anyone who has committed a crime as per law.

The former chief minister said he has nothing to do with Prajwal Revanna reportedly leaving the country, and it is the responsibility of the Special Investigation Team (SIT) to get him back if required.

The 33-year-old Prajwal Revanna is the son of former prime minister and JD(S) patriarch H D Deve Gowda's elder son H D Revanna, who is an MLA and former minister.

Some explicit video clips allegedly involving Prajwal Revanna had started making the rounds in Hassan in recent days.

Prajwal Revanna is the BJP-JD(S) alliance's candidate from Hassan, which went to polls on Friday.

Kumaraswamy said, "I have noticed that the chief minister has ordered an SIT probe. Whether it is me or Deve Gowda (his father), we have always conducted ourselves respectfully towards women and have responded positively when anyone came with any sufferings. We have tried to address them."

Speaking to reporters here, he said, "The Hassan related issue that started during elections, let the facts come out through a probe. Whoever it is, who has committed the mistake as per the law of the land...there is no question of forgiving anyone who has committed the mistake. So let the facts come out from the probe, after that I will react."

To a question on Prajwal Revanna going to a foreign country, Kumaraswamy said, "It is not related to me. SIT probe has been ordered, officials have been put to work. If he has gone to a foreign country, getting him back is their responsibility. What should I say, if I'm asked. They (SIT) will get him, don't worry."

Chief Minister Siddaramaiah announced the decision to constitute a SIT to probe the alleged sex scandal involving the MP.

Meanwhile, the police have information that Prajwal has left the country, according to a statement issued by the Chief Minister’s office.

"Prajwal Revanna’s explicit video clips are being circulated in Hassan and it appears prime facie that women were sexually assaulted,' the statement said, adding that the government decided to form an SIT based on a petition by the chief of the Karnataka State Commission for Women.

The Commission's chairperson Dr Nagalakshmi Chaudhary on Thursday wrote to Siddaramaiah and state police chief Alok Mohan, seeking a probe into the videos that are in circulation in Hassan.

Prajwal has through his election agent lodged a complaint with the authorities that the videos are "doctored" and being circulated to tarnish his image ahead of elections.

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News Network
April 29,2024

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Bagalkot, Apr 29: Prime Minister Narendra Modi on Monday accused the Congress of planning religion-based reservation in the country for the sake of vote bank politics but asserted that he will not let it happen.

He said this Congress proposal is to appease minorities as the SC/ST and OBC community is now with the BJP.

"In Karnataka, Congress has started a campaign to change the Constitution and to snatch away the rights of SC/ST and OBCs. Our Constitution does not accept religion-based reservation. But the Karnataka government has given part of OBC reservation to Muslims," Modi said.

Addressing a mega election rally in this district headquarters town, he said, "They (Congress) will not settle with this. They had earlier too in their manifesto said about coming out with a law to provide religion-based reservation. There is a similar signal in their manifesto this time."

"I want to make my Dalit, SC/ST and OBC brothers and sisters aware about Congress' intentions. These people on the basis of religion, to keep their vote bank safe, are planning to loot your right which was given by Babasaheb Ambedkar and the Constitution," he added.

Veteran BJP leader B S Yediyurappa, BJP candidates and MPs from Bagalkot (Bagalkot) and Vijayapura (Bijapur) - P C Gaddigoudar and Ramesh Jigajinagi, respectively - were among those present at the rally.

Noting that most of SC, ST and OBC MPs in the Parliament are from BJP, Modi said, "So they feel that as SC, ST and OBC are with BJP. To gain the trust of minorities, they want to loot from SC, ST and OBC and give it to minorities. Will you let this happen?"

"I want to guarantee today to my Dalit, Adivasi and OBC brothers and sisters. I will not let such intentions of Congress be successful. To protect your rights, your reservation, Modi will go to any extent. I'm assuring you this," he added.

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News Network
May 7,2024

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The International Criminal Police Organization (Interpol) on Monday responded to Karnataka’s Special Investigation Team (SIT) regarding a blue corner notice issued against JDS MP Prajwal Revanna.

In its response, Interpol said that all 196 member countries were alerted to identify and report if Prajwal Revanna is spotted at any port in their jurisdiction.

The Karnataka government issued a Blue Corner Notice on Sunday against Prajwal Revanna, who is facing allegations of sexual abuse by his staff members.

A Blue Corner Notice is issued by the international police cooperation body to collect additional information from its member countries about a person’s identity, location or activities about a crime.

The notice was issued after the 33-year-old Hassan MP reportedly flew to Germany soon after the Karnataka State Commission for Women chairperson Nagalakshmi Chowdhary wrote to the CM to order a probe into the sexual allegations against Prajwal.

Last week, the anticipatory bail application of Prajwal Revanna was also denied by Justice Santosh Gajanana Bhat’s bench of People’s Representative Court in Bengaluru.

Earlier, his MLA father and son of former Prime Minster HD Deve Gowda, HD Revanna was remanded to Karnataka SIT custody in a kidnapping-related sex scandal case.

His arrest came after the kidnapped victim was rescued from Revanna’s close assistant Rajasekhar’s farmhouse in Kalenahalli, Hunsur Taluk after the SIT conducted the rescue operation to find her, the police said.

The abduction case was filed by the son of a woman who worked at the Revannas’ house for nearly five years. He alleged that his mother was kidnapped from her home on April 29 by Satish Babanna a relative of Revanna.

The Karnataka Sex Scandal case pertains to explicit video clips allegedly involving the 33-year-old Prajwal, grandson of JD(S) patriarch and former Prime Minister H D Deve Gowda, which went viral on social media.

Those videos began to make rounds in Hassan in recent days, following which the state government constituted a Special Investigation Team (SIT) to probe the sexual abuse allegations against the MP.

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