Rape victim who turns hostile during trial ineligible for relief: High Court

News Network
October 3, 2019

Bengaluru, Oct 3: A rape victim who turns hostile during trial is not entitled to compensation under Victim Compensation Scheme, said the Karnataka high court.

The court made the observation while rejecting the claim of an alleged rape survivor, who had sought release of Rs 7 lakh compensation from Karnataka State Legal Services Authority (KSLSA).

Justice Alok Aradhe noted that clause 6 (3) of the scheme required the claimant to cooperate with the investigation and the trial and clause 7 (10) spoke about recovery of the compensation with 15% interest, if it is held by the trial court that the survivor or dependants had obtained the order sanctioning the compensation on a false or fabricated complaint.

The judge was of the view that in the case at hand, the woman and her father had been declared hostile and KSLSA was right in holding that she is not entitled to compensation.

The woman alleged that she was raped on March 11, 2014. An FIR was filed and chargesheet was submitted based on her complaint. Her father submitted a representation on May 22, 2015, seeking compensation and the District Legal Services Authority passed an award on March 24, 2018, granting Rs 3 lakh.

However, during the pendency of the proceedings before the authority, the woman and her father were declared hostile in the criminal proceedings. Thereafter, on May 23, 2019, KSLSA set aside the order of the district legal services authority, where Rs 3 lakh compensation was awarded to the woman.

The woman contended that an opportunity of hearing was not afforded to her. However, Justice Aradhe noted that in case where only one conclusion was possible, such a plea on principles of natural justice cannot be entertained.

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News Network
April 20,2024

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New Delhi: The Aam Aadmi Party on Saturday alleged that Delhi Chief Minister Arvind Kejriwal is being pushed towards a “slow death” inside Tihar jail by denying him insulin and consultations with his doctor.

Kejriwal, who has Type-2 diabetes, has been asking for insulin and a video conferencing with his family doctor but his requests are being denied by the jail administration, party spokesperson Saurabh Bharadwaj said in a press conference.

"I want to say with full responsibility that a conspiracy is underway for the slow death of Kejriwal," Bharadwaj claimed citing blood sugar readings of the Chief Minister in jail.

He also slammed the Tihar administration, BJP, Centre and Delhi LG for allegedly denying insulin to Kejriwal and said the Delhi Chief Minister had been suffering from diabetes for the last 20-22 years.

On Friday, the chief minister council Senior advocate Abhishek Singhvi said Kejriwal has not been administered insulin to control his sugar levels since his arrest, terming it “shocking” and “alarming”.

The ED had on Thursday claimed before the court that Kejriwal was eating food high in sugar like mangoes and sweets every day, despite having Type-2 diabetes, to create grounds for medical bail.

Kejriwal, however, refuted the ED’s claims by asserting before a court that the food he consumed was in conformity with the diet chart prepared by his doctor.

“Out of 48 meals sent from home, only three times mangoes were there…,” Singhvi told the court.

Bharadwaj said Kejriwal was allowed by the court to use a machine in the jail to monitor his daily blood sugar levels.

"Overall, it was a conspiracy to finish Kejriwal so his multiple organ damage and when he comes out of jail after 2-4 months he goes for treatment of kidney, heart and other organs," said Bharadwaj, who holds the portfolio of health in Delhi government.

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News Network
April 23,2024

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Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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News Network
April 11,2024

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Bengaluru: With six children of Karnataka Ministers in the Lok Sabha poll arena, the campaign scene is getting spiced up in the high-stakes elections for the ruling Congress in the state. Prabha Mallikarjun, wife of Minister S S Mallikarjun, is also in the poll fray.

The grand old party tried its best to make several ministers enter the Lok Sabha election fray but none of them agreed and, instead, they proposed the candidature of their family members.

'Now, deliver' is the stern message of the Congress leadership to the ministers, putting the onus on them to ensure the victory of their kin, according to party sources.

The Congress secured only one seat in Karnataka in the 2019 general elections, and has now set an ambitious target of winning in 15 to 20 constituencies in the coming polls.

Elections in 28 constituencies in the State will be held in two phases on April 26 and May 7.

Sons of Laxmi Hebbalkar, Eshwar Khandre and H C Mahadevappa— Mrinal Ravindra Hebbalkar, Sagar Khandre and Sunil Bose— have been fielded from Belagavi (Belgaum), Bidar and Chamarajanagar, respectively.

Daughters of Satish Jarkiholi, Shivanand Patil and Ramalinga Reddy— Priyanka Jarkiholi, Samyukta Patil and Sowmya Reddy— are in contention in Chikkodi, Bagalkot and Bangalore South respectively.

Prabha Mallikarjun, wife of Minister S S Mallikarjun and daughter-in-law of veteran party leader Shamanur Shivashankarappa, is the party's nominee from Davangere.

"In this 'do or die' situation, the ministers have found the Lok Sabha election a launch pad for their children and relatives. We have to see how these ministers succeed in their mission," a Congress insider said.

Barring Sowmya Reddy, who is a former MLA, none of them have any legislative experience in elections. Stakes are high for some other ministers as well.

The party has fielded Radhakrishna Doddamani, son-in-law of Congress President M Mallikarjun Kharge in the family's home turf of Kalaburagi (Gulbarga), a seat held by the BJP.

Kharge's son and Minister Priyank Kharge has taken charge of spearheading the campaign in this segment, where his father had lost in the 2019 general elections.

"Priyank has taken this election as a prestige issue given the fact that the Congress president hails from here and had represented this constituency in the past in the Lok Sabha," a Congress leader said.

Prime Minister Narendra Modi had last month launched the BJP's formal campaign in Kalaburagi in what was seen as an aggressive message to the Congress.

Karnataka Deputy Chief Minister and State Congress chief D K Shivakumar's brother D K Suresh is seeking reelection in Bangalore Rural, where the BJP and JD(S) have fielded noted cardiologist and son-in-law of former Prime Minister H D Deve Gowda.

The Congress which came to power in the state in May last year is seeking to ride on its five guarantee schemes of the government.

Sowmya Reddy, who is contesting from Bangalore South asked the women voters during a recent roadshow - "Do you travel in the buses? Which places have you visited in the recent past? Do you pay or travel for free?".

She was referring to 'Shakti' guarantee that offers free rides to Karnataka women in non-luxury government buses within the state. Reddy explained to the people about the four other guarantees— 'Gruha Lakshmi', 'Gruha Jyoti', 'Yuva Nidhi' and 'Anna Bhagya'.

"Who brought 'Achchhe Din'? Is it Congress or the BJP? Which 'Achchhe Din' you will vote for?" Reddy asked the women voters.

In Belagavi, Mrinal Ravindra Hebbalkar, is taking on BJP candidate and former Chief Minister Jagadish Shettar.

In campaign meetings, Minister Laxmi Hebbalkar reminded the crowd how Shettar had joined Congress when the BJP denied him a ticket in the 2023 Assembly election, only to return to the saffron party a few months later.

"Shettar is from Hubballi and we are from Belagavi. We know the problems prevailing here better than any 'outsider'. Today, BJP people are saying that they vote for Shettar keeping Prime Minister Narendra Modi in mind, but I want to know why he joined Congress and abused the BJP, Modi and former Chief Minister B S Yediyurappa," the minister asked.

The BJP swept the 2019 general elections in Karnataka winning 25 out of the 28 seats, while an independent backed by the party also won. The Congress and JD(S) which fought the elections together, secured one seat each.

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