Latest news with #ASJ
Indian Express
16 hours ago
- Indian Express
Myth that boys are not vulnerable to sexual assault: Court gives man 15 year jail term for raping minor boy
Observing that boys are equally vulnerable to sexual assault as girls, a Delhi court recently sentenced a man to 15 years of imprisonment for raping a minor boy in 2019. 'Boys are as vulnerable to the sexual abuse and exploitation as that of girls and they are equally susceptible to the heinous crime of penetrative sexual assault. It is generally presumed that only girls can be subjected to penetrative sexual assault,' noted Additional Sessions Judge (ASJ) Anu Aggarwal of Saket court in her order dated July 31. 'However, this is a myth and the POCSO (Protection of Children from Sexual Offences) Act has been designed to cover all the children irrespective of their gender as children are at the risk of being sexually assaulted,' she added. 'POCSO Act is a gender neutral act qua (in the capacity of) the accused and the victim. It was enacted to provide the children with protection from the offence of sexual assault, sexual harassment and pornography. The Act has been designed to protect all the children under the age of 18 from sexual abuse, regardless of their gender,' the court said. ASJ Aggarwal was hearing arguments on sentencing against the man, who was convicted under Section 6 (aggravated penetrative sexual assault) of the POCSO Act, and under Section 377 (unnatural offences) of IPC (Indian Penal Code) on July 23. Additional Public Prosecutor (APP) Arun K V, who represented the state cited a report by the Union Ministry of Women and Child Development, which mentioned that approximately 54.68% of child sexual assault victims are boys. The APP also mentioned that male children were equally vulnerable to sexual abuse comparable to their female counterparts. 'The mental trauma that the sexually abused boy experiences is the same as that of other sexually abused survivors. They experience fear, flashbacks and undergo post-traumatic stress disorder,' the court said. It added that boys feel ashamed due to the 'societal framework'. The court also directed the man to pay Rs 2 lakh to the survivor, who was in class 4, when the offence was committed. The state was also directed to pay Rs 10.5 lakh as compensation to the survivor.
India Gazette
14-07-2025
- India Gazette
Two get life sentences for kidnapping, brutal murder
New Delhi [India], July 15 (ANI): Delhi's Rohini District Court has recently sentenced two men to life imprisonment for murder, Kidnapping and destruction of evidence. This case pertains to an FIR lodged at the Narela Police Station in 2017. The deceased Om Hare was kidnapped by convicts with premeditated planning, and thereafter, his body was disposed of by both the convicts. Additional Sessions Judge (ASJ) Vandana sentenced Navrattan alias Kale and Naushad to life imprisonment for murdering Om Hare. ASJ Vandana observed, 'The nature of the offence committed in the present case is very serious.' 'The deceased was kidnapped by convicts with premeditated planning and brutally murdered, and thereafter, both the convicts disposed of his body,' ASJ Vandana said in the order passed on July 4. Additionally, the court has imposed a fine of Rs 20,000 on each accused. During arguements on sentence, additional public prosecutor (APP) Vinit Dahiya argued that convicts deserve no leniency since the deceased was brutally murdered by them. He further argued that the present case falls under the category of the rarest of rare cases. He prayed for maximum punishment for both convicts. On the other hand, counsel for accused persons prayed for leniency in punishment for convicts. The counsel for the convict, Naushad, stated that the convict has two minor children who are completely dependent upon him. The counsel for the convict Navratan further submitted that convicts belong to poor strata of society, hence, a prayer was made for taking a lenient view against the convicts, considering the facts that they have no previous conviction records and have been in Judicial Custodyfor so many years. Convicts were in custody for the last seven years and 10 months. (ANI)
India Gazette
12-07-2025
- India Gazette
Court grants bail to woman accused of pouring hot water mixed with chilli to kill husband
New Delhi [India], July 12 (ANI): Delhi's Tis Hazari Court has granted bail to a woman accused of pouring hot water mixed with chilli powder on her husband to kill him. This case pertains to an FIR registered at Nangloi Police Station. A charge sheet has been filed after an investigation. Additional Sessions Judge (ASJ) Saurabh Kulshrestha granted bail to the accused Jyoti alias Kittu after considering that, as per MLC, the victim has suffered simple injuries. 'Insofar as the issue regarding threats to the victim and the witnesses is concerned, the same can be taken care of by imposing appropriate conditions, the court said. 'Considering the aforesaid facts and circumstances, the applicant or accused Jyoti alias Kittu is ordered to be admitted to regular bail on furnishing a bail bond in the sum of Rs 30,000 with one surety in the like amount,' said ASJ Kulshrestha on July 9. It is alleged that on 01.01.2025, the accused, who was to kill her husband, had poured boiling water mixed with red chilli powder on the face, mouth and chest of the victim. When she was questioned by him, she stated 'tujhe to jaan se marna hi hai' (I want to kill you). Thereafter, the accused bolted the door of the room from outside and fled from there after taking the victim's mobile phone so that he could not call anyone for help. The victim broke down the window, stepped onto the balcony and screamed for help. Afterwards, his landlord, Vikas, came there, and the victim was taken to the hospital. Counsel for the accused, while arguing for bail, submitted that the accused had been falsely implicated and she had been a victim of domestic violence at the hands of the accused, and she had earlier also filed a complaint against him on November 19, 2024. On the other hand, while opposing the bail plea, the counsel for the complainant stated that immediately prior to the incident, the complainant had made a police complaint against the accused. It was further stated that the applicant or accused was earlier married and had taken a divorce, and has a daughter from a previous marriage. This fact was not disclosed to the complainant before his marriage to the accused. (ANI)
NDTV
04-07-2025
- NDTV
Delhi Court Orders Complaint Against Woman For False Rape Case
Delhi's Tis Hazari court has ordered to file a complaint against the woman who lodged a false rape case to extort the money from the accused. While acquitting the accused, the court noted that the woman met the man on a matrimonial website. She framed the accused on the pretext of a marital alliance. The court referred to the lines of American criminal defense attorney F. Lee Bailey, "In court, the truth is often lost in the process. The oath is meant to protect it, but men lie, even under God." "The above adage squarely applies to the case herein, as we would see while I pen out this judgment," the court said at the outset. Additional Sessions Judge (ASJ) Anuj Agrawal acquitted the accused and ordered a complaint against the woman for perjury for making false statements before the court. The court said, " An acquittal would not serve the interest of justice, as the law must not only punish the guilty but also protect the dignity of an innocent." " It is evident from the record that the prosecutrix lied under oath, destroying the trust on which justice stands," ASJ Agarwal pointed out in the judgment passed on July 2. He directed to send a complaint against her for offences of perjury be sent to the court of the Chief Judicial Magistrate (Central). As per the prosecution, the woman and the accused met on a matrimonial website in 2021. The accused started chatting with her. It was alleged that the accused met her first time in September 2021 and sexually molested her in his car. He allegedly took her nude pics with his mobile. Upon her protest, the accused promised to marry her and also promised to delete her photographs in the next meeting. It was also alleged that accused met her on her flat in October 14, 2021 where he committed forced vaginal and anal intercourse with her. He again took pics of her. Ironically, these photos were not recovered during forensic examination from the mobile phone of the accused. The court observed that her testimony is not only marred by contradictions but is inherently inconsistent, tainted, and full of concoctions. " False rape accusations not only put unnecessary load on the overflowing dockets but also cause grave injustice to actual rape victims," ASJ said in the judgement. After investigation police filed a charge sheet and stated that the woman had filed 4 cases of rape against other persons also. The judge said that an acquittal simpliciter would not subserve the interest of justice as the Law must not only punish the guilty- it must also protect the dignity of an innocent. " The gravel has fallen in favour of the accused, but the echo of accusation lingers for society remembers the charge and not the verdict as in our social milieu, a false accusation of rape/sexual assault, leaves an indelible impression upon the social psyche which no judicial imprimatur can remove," the court said. The court also noted that the accused was arrested even before registration of the FIR. A police official and investigation officer were in regular contact with the prosecutrix even before the registration of the FIR. " It is clear that the personal liberty of the accused was curtailed (amounting to arrest in the eyes of law) the moment he was detained from his house by police officials," the judge said. The judge pointed out that a police official had telephonic conversations with her 16-17 times between September 18 to October 24, 2021. The court said that the contention of the defence that concerned police officials were in 'cahoots'' with the prosecutrix so that they could extort money from the accused, cannot be brushed aside lightly. However, any action on this count is left to the Administrative discretion of a worthy Commissioner of Delhi Police who may, in his wisdom, look into the matter and take appropriate remedial action so that the cherished motto of Delhi Police Force 'shanti, seva, nyay' does not get belied, the court said in the judgement.
India Gazette
03-07-2025
- India Gazette
Delhi Court orders complaint against woman who filed false rape case to extort money
New Delhi [India], July 4 (ANI): Delhi's Tis Hazari court has ordered to file a complaint against the woman who lodged a false rape case to extort the money from the accused. While acquitting the accused, the court noted that the woman met the man on a matrimonial website. She framed the accused on the pretext of a marital alliance. The court referred to the lines of American criminal defense attorney F. Lee Bailey, 'In court, the truth is often lost in the process. The oath is meant to protect it, but men lie, even under God.' 'The above adage squarely applies to the case herein, as we would see while I pen out this judgment,' the court said at the outset. Additional Sessions Judge (ASJ) Anuj Agrawal acquitted the accused and ordered a complaint against the woman for perjury for making false statements before the court. The court said, ' An acquittal would not serve the interest of justice, as the law must not only punish the guilty but also protect the dignity of an innocent.' ' It is evident from the record that the prosecutrix lied under oath, destroying the trust on which justice stands,' ASJ Agarwal pointed out in the judgment passed on July 2. He directed to send a complaint against her for offences of perjury be sent to the court of the Chief Judicial Magistrate (Central). As per the prosecution, the woman and the accused met on a matrimonial website in 2021. The accused started chatting with her. It was alleged that the accused met her first time in September 2021 and sexually molested her in his car. He allegedly took her nude pics with his mobile. Upon her protest, the accused promised to marry her and also promised to delete her photographs in the next meeting. It was also alleged that accused met her on her flat in October 14, 2021 where he committed forced vaginal and anal intercourse with her. He again took pics of her. Ironically, these photos were not recovered during forensic examination from the mobile phone of the accused. The court observed that her testimony is not only marred by contradictions but is inherently inconsistent, tainted, and full of concoctions. ' False rape accusations not only put unnecessary load on the overflowing dockets but also cause grave injustice to actual rape victims,' ASJ said in the judgement. After investigation police filed a charge sheet and stated that the woman had filed 4 cases of rape against other persons also. The judge said that an acquittal simpliciter would not subserve the interest of justice as the Law must not only punish the guilty- it must also protect the dignity of an innocent. ' The gravel has fallen in favour of the accused, but the echo of accusation lingers for society remembers the charge and not the verdict as in our social milieu, a false accusation of rape/sexual assault, leaves an indelible impression upon the social psyche which no judicial imprimatur can remove,' the court said. The court also noted that the accused was arrested even before registration of the FIR. A police official and investigation officer were in regular contact with the prosecutrix even before the registration of the FIR. ' It is clear that the personal liberty of the accused was curtailed (amounting to arrest in the eyes of law) the moment he was detained from his house by police officials,' the judge said. The judge pointed out that a police official had telephonic conversations with her 16-17 times between September 18 to October 24, 2021. The court said that the contention of the defence that concerned police officials were in 'cahoots'' with the prosecutrix so that they could extort money from the accused, cannot be brushed aside lightly. However, any action on this count is left to the Administrative discretion of a worthy Commissioner of Delhi Police who may, in his wisdom, look into the matter and take appropriate remedial action so that the cherished motto of Delhi Police Force 'shanti, seva, nyay' does not get belied, the court said in the judgement. (ANI)
