Calling spouse dark not abetment: Court frees man 30 years after wife's suicide
The case dated back to January 1995, when the man's wife died by suicide after jumping into a well. Prior to her death, she had reportedly told her parents that she was being harassed by her husband and in-laws.According to the prosecution, the husband had taunted the woman over her dark complexion, said he did not like her, and threatened to marry another woman, while her father-in-law criticised her cooking and expressed dissatisfaction with the food she prepared.However, the High Court found that these incidents amounted to domestic discord, not criminal conduct."They can be said to be quarrels arising out of matrimonial life. They are domestic quarrels. It cannot be said to be of such a high degree so as to compel the woman to commit suicide. So, an offence under Section 498 A of the Indian Penal Code is not made out," said the bench.The Court said that while there was evidence of tension and disagreements within the household, they did not meet the legal threshold required to prove cruelty or abetment of suicide.'The legislature contemplates that every dispute, quarrel or altercation arising from matrimonial life are not criminal offences. It will take colour of criminal law only when there are no alternatives for the wife but to put an end to her life because of the harassment," the bench said.The bench further said, 'There was harassment, but it was not of that kind of harassment due to which criminal law can be set in motion.'Noting that the prosecution had failed to establish a direct link between the alleged harassment and the woman's act of suicide, the court held that the trial court had overlooked fundamental legal principles. 'The Judge has forgotten the basic principles and ingredients of the Sections,' the High Court said, setting aside the conviction and ordering the appellant's release.- EndsMust Watch
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Hindustan Times
2 hours ago
- Hindustan Times
Juveniles, age of consent and justice: Explaining the wide conviction gap
An analysis of government data in the Supreme Court reveals a stark disparity between the number of juveniles and young adults charged under rape and child sexual abuse laws and the relatively small proportion who are eventually convicted, throwing sharp focus on the ongoing debate over the age of consent and its unintended consequences. According to the Union government's latest submission to the Supreme Court, between 2018 and 2022, only 468 juveniles aged 16-18 were convicted under Section 376 (rape) of the Indian Penal Code, despite more than 4,900 being booked across the country in the same period , a conviction rate of just 9.55%. For charges under the Protection of Children from Sexual Offences (Pocso) Act, just 855 convictions were recorded out of 6,892 cases during the same period , a rate of only 12.4%. The corresponding numbers for young adults aged 18-22 tell a similar story. While 52,471 were arrested under these stringent laws during this period, only 6,093 were convicted under Pocso, a conviction rate of just 11.61%. Of 24,306 arrested between 2018 and 2022 for rape, only 2,585 young adults were convicted under Section 376 of the Indian Penal Code, amounting to just 10.63% . The statistics form part of the Centre's written submissions opposing any move to lower the age of consent under the Pocso Act or introduce exceptions for adolescent relationships, telling the top court that such dilution, 'even in the name of reform or adolescent autonomy,' would dismantle the statutory shield meant to safeguard minors and risk opening the door to child abuse. However, the wide gap between the registration of cases and convictions suggests that while these laws aim to safeguard children from sexual exploitation, they may also be pulling large numbers of adolescents and young people (mostly men) into the criminal justice system, often in cases involving consensual relationships that turn adversarial due to family or societal pressure. Convictions and sentencing For juveniles (16-18 years), Pocso convictions rose modestly from 144 in 2018 to 213 in 2022 even as the number of detentions rose from 844 to 1,757, which implies a conviction rate of just 12.12% in 2022. The majority received prison terms of up to 10 years. Life imprisonment was awarded in only 31 cases across five years, and there was no death penalty. For the same group, rape convictions remained flat, ranging from 83 to 110 per year, with over 85% receiving sentences of up to 10 years. Only eight juveniles, tried as adults under the pertinent legal provisions, received life terms during this period. Among young adults in the 18-22 years age group, convictions under Pocso grew from 1,213 in 2018 to 1,312 in 2022. However, even this increase is modest considering the scale of bookings under the Act. While 8,740 persons were apprehended in 2018, 13,068 were arrested in 2022. That translates to conviction rates of 13.88% in 2018 and 10.04% in 2022 under Pocso. Additionally, rape convictions dropped from 620 in 2018 to 476 in 2022, reflecting a 23.23% decline despite higher arrest figures. Life imprisonment was more common in this age group. 773 individuals received life terms for Pocso offences, while 238 did so for rape. A total of 22 young adults were awarded the death penalty over the five years, compared to just one juvenile. These statistics emerge at a time when the Supreme Court is hearing a public interest litigation examining whether the blanket criminalisation of all sexual activity below the age of 18 under the Pocso Act requires re-examination. The law, enacted in 2012, sets the age of consent at 18 and makes even consensual acts between teenagers prosecutable. Senior advocates Indira Jaising and Sidharth Luthra, appearing as amici curiae in the 2012 public interest litigation (PIL) filed by lawyer Nipun Saxena, have argued that the mandatory reporting requirement and lack of a close-in-age exception is leading to over-criminalisation, infringing on the autonomy, privacy, and health rights of adolescents, particularly girls. But the Union government has pushed back, telling the court that 'any dilution of the age of consent, even in the name of reform or adolescent autonomy, would irrevocably dilute the statutory presumption of vulnerability that lies at the heart of child protection law.' In a recently filed affidavit, It has urged the court to uphold the 'bright-line' age of 18 to deter abuse and exploitation. Numbers suggest a need for nuance Data suggests that many of those convicted are themselves just a few years older than the complainants. The tables submitted by the government highlight that young men aged 18–22 are the most prosecuted group under Pocso, raising concerns that the protective intent of the law is being applied to penalise consensual relationships. For example, in 2022, 213 juveniles (16-18) were convicted under Pocso whereas 1,312 young adults (18-22) were convicted under the same Act -- over six times higher. Rape convictions for 18-22-year-olds (476) were also significantly higher than for juveniles (92). The sentencing trends further bolster the case for a more differentiated approach. A vast majority of both juveniles and young adults received sentences below 10 years, suggesting courts may be exercising discretion when faced with such cases, but only after the accused have undergone lengthy trials and detention. A legal and social dilemma The Centre's firm position against creating a 'close-in-age' exception, such as exempting consensual acts between teens aged 16-18, comes amid growing calls for a calibrated rethink. Several high courts, and even Supreme Court benches in bail and quashing proceedings, have flagged the problem of criminalising teenage love. Yet, the government has maintained that 'loosening age-based protections could open avenues for abuse under the guise of consensual activity,' and that the law must 'act as a strong deterrent… in a society where children, especially girls, are vulnerable to manipulation, coercion and abuse.' At the heart of the debate lies the challenge of balancing protection with autonomy, ensuring minors are not exploited, while also preventing a legal system from punishing consensual and developmental relationships among peers. In her written submissions countering the Centre's stance, Jaising said the age of consent was static at 16 years for 80 years and that increasing it to 18 years through the Criminal Law (Amendment) Act, 2013. 'No rational reason has been indicated for the increase, nor is there any data to suggest that the age of consent required any increase,' stated her submissions, adding the increase in the age of consent violated the right to autonomy of children between the ages of 16 and 18 who have the ability to give mature consent to sexual activity, having regard to the fact that they have attained puberty giving rise to sexual awareness. 'Scientific research indicates that adolescents are attaining puberty sooner than they did several years ago and puberty as we know, is the age of awakening of sexual awareness. It is the age during which there is a natural attraction between the sexes and the development of sexual relationships of choice. Hence, to criminalise such an activity rather than addressing the issue of sex education, is arbitrary, unconstitutional and against the best interests of children as defined in law,' the submissions contended. Increasing the age of consent has led to branding hundreds of children in the 16-18 age group as criminals. 'Data also indicates that most complaints to police are filed by parents of the girl, often against her own wishes and for extraneous reasons such as inter-religious or inter-caste relationships,' she said. 'The only solution lies in declaring that sex between consenting adolescents between the age of 16, an almost universal age of sexual maturity, and 18 is not a form of 'abuse',' Jaising's submissions added. The senior counsel urged the Supreme Court to read into the impugned legal provisions a 'close-in-age exception', applicable when both parties to the sexual act are adolescents between the ages of 16 and 18 and the sexual act is consensual. 'Such an exception would preserve the protective intent of the statute while preventing its misuse against adolescent relationships that are not exploitative in nature,' she said. As the Supreme Court resumes hearing the matter next month, the numbers paint a sobering picture : thousands of adolescents and young adults are caught in the legal net each year, but only a fraction are ultimately held guilty, often after years of litigation. Whether this calls for legislative reform or judicial steps may now be for the court to decide but the data offers compelling reason to confront the unintended consequences of the current regime.
Indian Express
2 hours ago
- Indian Express
10 country-made bombs seized in Outer Delhi: 2 years on, cops dispose of them
More than two years after 10 country-made bombs were seized at an abandoned plot in Outer Delhi's Holambi Kalan area, the bombs were finally disposed of on Sunday, said police. 'The Bomb Disposal Squad and the National Security Guard (NSG) carried out proper inspection and neutralisation procedures as per the established safety protocols and Standard Operating Procedures (SOPs), and all 10 country-made bombs were disposed of for the purpose of further investigation and necessary action,' DCP (Outer North) Hareshwar Swami said. Apart from the teams from the NSG, Bomb Disposal Squad, FSL (Rohini) teams had also come at the spot where the bombs were buried after a letter was sent by the police for the disposal of the bombs. According to the police, the bombs were seized on April 10, 2023, at an abandoned plot at Metro Vihar area in Holambi Kalan. The police had received a tip-off that a man named Deepak, 33, was in possession of country-made grenades. Deepak was apprehended the same night, and led the police to the plot where he had hidden a grey bucket, filled with 10 country-made bombs. 'Deepak told the police that he was given the bucket about 10 days back by his neighbour, who asked him to keep it safe for some money,' a police officer said. The neighbour, along with two more suspects were arrested by the police and are currently undergoing trial, a police official said. Deepak was released late. A case was registered under the Explosives act and section 286 of the Indian Penal Code at Narela Industrial Area police station in April 2023. 'The bombs were disposed of after the officials felt that the probe had reached a level where the explosives may no longer be needed for an investigation,' the officer added.
Indian Express
5 hours ago
- Indian Express
Five Punjab ex-cops get life sentence for killing 7 in 1993 fake encounters
A CBI special court in Mohali Monday stopped short of awarding capital punishment as it sentenced Punjab's five retired police officers to rigorous life imprisonment for killing seven persons, including three special police officers, in fake encounters in 1993, and described their conduct as 'not only unlawful, but also morally bankrupt and profoundly inhumane'. The court of CBI Special Judge Baljinder Singh Sra also imposed a fine of Rs 3.50 lakh on each of the convicts, ordering that the amount be paid to the legal heirs of the victims. 'Upon consideration of the rival contentions, this court is of the view that there is no doubt regarding the sheer venality and callousness with which the convicts acted, reflecting an utter disregard for human dignity and life. Their conduct was not only unlawful, it was morally bankrupt and profoundly inhumane. However, in view of their advanced age and the prolonged agony endured during the course of the trial over many years, this court refrains from awarding the capital punishment,' the court said. The court on August 1 had held the five retired police officers —the then deputy superintendent of police Bhupinderjit Singh (61), who later retired as SSP; the then assistant sub-inspector Devinder Singh (58), who retired as DSP; the then assistant sub-inspector Gulbarg Singh (72), the then Inspector Suba Singh (83) and the then ASI Raghbir Singh (63) — guilty of criminal conspiracy, fabrication of records, murder and destruction of evidence under relevant sections of the Indian Penal Code. Five other accused in the case — the then Inspector Gurdev Singh, the then sub-inspector Gian Chand, then ASI Jagir Singh and then head constables Mohinder Singh and Aroor Singh — passed away during the trial, while one turned prosecution witness. The court, in its order said that Dr B R Ambedkar, the chief architect of the Indian Constitution, once said, 'Rights are protected not by laws but by the social and moral conscience of society'. Regrettably, this moral consciousness has yet to be fully absorbed and reflected in the institutions of governance entrusted with the protection of people's rights, read the order. The case stems from two separate alleged fake encounters in June and July 1993. As per the CBI, which was handed over the probe following a Supreme Court order, a police team led by the then station house officer of Sarhali police station Gurdev Singh picked up SPOs Shinder Singh, Desa Singh, Sukhdev Singh and two others — Balkar Singh and Daljit Singh — from the residence of a government contractor on June 27, 1993. All of them were residents of Rani Vallah village in Tarn Taran. They were taken to Sarhali police station and were falsely implicated in a robbery case, as per the CBI probe. On July 2, 1993, the Sarhali police registered a case against Shinder Singh, Desa Singh and Sukhdev Singh, claiming that they had absconded along with government-issued weapons. On July 12, 1993, a police team led by the then DSP Bhupinderjit Singh and then Inspector Gurdev Singh claimed that while escorting one Mangal Singh to Gharka village for a recovery in the dacoity case, they were attacked by militants. In the crossfire, Mangal Singh, Desa Singh, Shinder Singh and Balkar Singh were killed, police had claimed. The forensic analysis, however, revealed inconsistencies. It was found that the bullet casings collected from the scene did not match the weapons allegedly recovered from the deceased. Post-mortem examination reports also indicated that the victims had been tortured prior to death. Despite being identified by two ASIs, the bodies were cremated as 'unclaimed' and 'unidentified', as per CBI investigation. On July 28, 1993, three more persons Sukhdev Singh, Sarabjit Singh and Harvinder Singh were killed in a staged encounter involving a police team, also led by the then DSP Bhupinderjit Singh, according to the CBI investigation. The case came to light as part of the broader investigation into mass cremations of unclaimed bodies in Punjab during the militancy era, spearheaded by rights activist Jaswant Singh Khalra. Following Supreme Court orders on December 12, 1996, the CBI began its inquiry and registered the case in 1999 based on the complaint of Narinder Kaur, the wife of Shinder Singh. The CBI filed a chargesheet in 2002 against 11 accused officers. The trial was delayed due to legal stays between 2010 and 2021. Out of 67 witnesses cited by the CBI, 36 died during the trial, while 28 testified. —With PTI
