Should man acquitted of rape be considered rape survivor: Delhi Court

June 2, 2015

New Delhi, Jun 2: Should a person acquitted of rape charges be considered as a "rape survivor", a Delhi court has pondered while acquitting a man accused of raping a divorcee.

Additional Sessions Judge Nivedita Anil Sharma made the observation while acquitting a Haryana native of the offence of raping the woman after she retracted from her complaint and said she was now happily married to the accused.

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"Today there is public outrage and a hue and cry is being raised everywhere that courts are not convicting rape accused. However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the prosecutrix is hostile," the judge said.

"...In the circumstances, an acquitted accused, who has remained in custody for a considerable period during trial and who has been acquitted honourably after prosecutrix deposed that he has not raped her and she had physical relations with him with her free consent, should he now be addressed as rape case survivor?This leaves us with much to ponder about present day situation of veracity of rape cases," the judge said.

The court, while absolving the accused of the charge, took into consideration the girl's statement before it that she lodged a false complaint against him due to wrong advise and influence of some well wishers.

According to the prosecution, on March 11, 2015, the woman, who got divorced seven years ago and had three children, told the police that the accused had promised to marry her and established physical relation with her forcefully.

She claimed that she knew the accused since a long time as he was from her village.

However, during the trial, she turned hostile and in her cross examination she said she did not have any physical relations with him and they were now married.

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News Network
April 9,2024

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Mangaluru/ Bengaluru, Apr 2: Karnataka’s coastal belt some of the neighbouring areas will celebrate Eid-ul-Fitr on April 10, while rest of the state will witness the festival on April 11 due confusion over moon sighting. 

Muslim religious heads in twin coastal districts of Dakshina Kannada and Udupi on the night of April 9 declared the end of Ramadan and beginning of Shawwal following reports of sighting of crescent moon. 

With this Eid will be celebrated on April 10 in the above region. Similarly, Muslims in Bhatkal and neighbouring state of Kerala too will celebrate the festival on April 10. 

However, Muslims in other parts of Karnataka will continue to fast on April 10 and celebrate the Eid on the following day due to non-sighting of moon in their region. 

The Karnataka Moon Sighting Committee chairman Moulana Maqsood Imran formally announced that the Eid-ul-Fitr in Bengaluru and areas of Karnataka will be celebrated on Thursday April 11. 

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April 13,2024

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Mysuru, Apr 13: Karnataka Chief Minister Siddaramaiah said that Prime Minister Narendra Modi, who will be visiting Mysuru on Sunday, is welcome in the state.

"Let him come and go. He is the PM. But he should tell people about what he has done to the people of Karnataka. Let him answer about the injustice done by the Union Government towards the state in terms of giving tax share, not releasing drought relief funds yet and also about the unemployment issue," he said.

The Chief Minister was speaking to media people near his residence at Sharadadevi Nagar in Mysuru on Saturday.

Reacting to a question on BJP's slogan, 'Teesri Baar Modi Sarkar, Ab Ki Baar Char Sau Paar' (Modi government for the third time with over 400 seats), CM Siddaramaiah said, "This slogan is only a strategy to divert the minds of people. Because, according to me, the NDA will not get an absolute majority/simple majority this time in the Parliament elections."

"I.N.D.I.A. bloc and the parties which are against BJP will get a majority in the Lok Sabha polls," he said.

Responding to the statement of BJP leaders that 'even if B R Ambedkar comes, the Indian Constitution cannot be changed', Siddaramaiah said, "BJP is always against the Indian Constitution. Savarkar and the second Chief of RSS M S Golwalkar both opposed the Indian Constitution written by Baba Saheb B R Ambedkar on January 26, 1950."

"When BJP MP Ananth Kumar Hegde spoke about changing the Indian Constitution twice, why wasn't he punished? Why wasn't he suspended from the party? Why didn't they drop him from the cabinet?"

"Hegde was not given a ticket for the LS polls, as he had not done any work in the five years and was only active for the last three-four months of his term. The reason Hegde was not given a ticket was because BJP had realised that he would lose the elections, and not because of his statement related to the Constitution" the Chief Minister said.

Meanwhile, regarding the nabbing of the two key suspects in the Rameshwaram Cafe blast case in Bengaluru, Siddaramaiah said, "I thank the National Investigation Agency (NIA) and also the Karnataka police for tracing and arresting the accused in the case, in Kolkata."

"They will be brought to Bengaluru and further information related to the case will be known after their interrogation," he said.

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April 12,2024

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Bengaluru, Apr 12: The two men who allegedly plotted and executed the blast that rocked Rameshwaram Cafe in Bengaluru last month have been arrested from Kanthi in Bengal's East Midnapore district, the National Investigation Agency said Friday morning. 

Mussavir Hussain Shazeb and Abdul Matheen Taha were caught after a joint operation by central intelligence agencies and police from Bengal, Karnataka, Telangana, and Kerala, and are en route to Kolkata, the anti-terror agency said in a statement.

The available evidence indicates Shazeb planted the explosive device, placed inside a backpack, at the popular eatery. Taha was responsible for planning the attack and for their disappearance.

These are the second and third arrests in this case; last month Muzammil Shareef, who extended logistical support to the Shazeb and Taha, was taken into custody.

Residents of Karnataka's Shivamogga district, Shazeb and Taha were traced to Kanthi after officials conducted searches at 18 locations across Karnataka, Tamil Nadu, and even Uttar Pradesh.

The blast at Bengaluru's Rameshwaram Cafe on March 1 injured 10 people, customers and staff.

Fortunately there were no deaths; the bag containing the explosives was placed in a relatively less crowded area and against a large pillar that absorbed the brunt of the explosion.

After the blast, the NIA released photos and videos of the accused, as seen on CCTV cameras across Bengaluru. In one such clip, the accused - wearing a face mask - was seen boarding a bus.

The agency had declared a reward of ₹ 10 lakh for information leading to the arrest of each accused. The agency had also questioned their acquaintances, including college and school friends.

The Rameshwaram Cafe, which suffered extensive damage after the blast, reopened eight days later, with enhanced security measures including metal detectors.

BJP’s reaction

The Karnataka BJP on Friday attacked the Siddaramaiah government after the arrest of two men by the NIA in the Bengaluru cafe blast case, saying that the terrorists were 'brothers' of the Congress.

Taking to social media, Karnataka BJP stated, “National Investigation Agency (NIA) detains ‘Brothers’ of Congress in Rameshwaram Blast case. Ever since Jihadi Tipu Sultan’s admirers came to power in Karnataka, terrorists have got a free ride.”

“Chief Minister Siddaramaiah’s ‘Ease of Doing Terror’ Policies have prompted ISIS to now set up its shop in Karnataka. The only guarantee that CM Siddaramaiah has fulfilled is converting prosperous Karnataka into a terror hub,” the BJP stated.

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