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New Indian Express
5 days ago
- New Indian Express
Booked for naming rape victim in 2016 case, Delhi court acquits Swati Maliwal
NEW DELHI: A Delhi court on Thursday acquitted MP and former Delhi Commission for Women (DCW) chairperson Swati Maliwal in a case alleging that she disclosed the identity of a 14-year-old rape victim who later died. Additional Chief Judicial Magistrate Neha Mittal also acquitted Bhupender Singh, then DCW's Public Relations Officer, saying the prosecution had failed to prove the charges beyond reasonable doubt. Prosecutors alleged that Singh, at Maliwal's behest, sent a copy of a notice issued by her to the Burari police station house officer (SHO) on a WhatsApp group, 'DCW Media', which was later aired by a TV channel. The FIR claimed the notice, in which Maliwal sought details of the rape investigation, was 'intentionally circulated.' 'This court is of the considered opinion that the prosecution has failed to prove the commission of offence under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 86 of the Juvenile Justice Rules, by the accused persons beyond a reasonable doubt,' the magistrate said. She noted that the sending of the notice on WhatsApp by Singh, or its sharing with a news channel, was not proved. 'Court holds the accused persons not guilty of the commission of said offence. Accused persons, namely Swati Maliwal Jaihind and Bhupender Singh, are hereby acquitted of the offence under Section 74, read with Rule 86 of the Juvenile Justice Act,' she added, citing 'complete failure on the part of prosecution or complainant (Inspector Satyabir Singh) to prove the sending of WhatsApp messages by the accused no. 2 (Singh). Thus, admission made by him, in his statement, if any, cannot discharge the burden of proof placed upon the prosecution.' On claims that a TV channel showed the notice on July 25, 2016, the court said no such notice appeared in the footage and the anchor did not reveal the victim's name. 'Thus, the allegations of the prosecution to this extent appear to be baseless and unfounded,' it said.
The Hindu
5 days ago
- The Hindu
Delhi court acquits Swati Maliwal accused of revealing rape victim's name
A Delhi court on Wednesday (August 14, 2025) acquitted MP and former chairperson of Delhi Commission for Women (DCW), Swati Maliwal, accused of allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Additional chief judicial magistrate Neha Mittal also acquitted Bhupender Singh, then public relations officer of DCW. The prosecution alleged Mr. Singh disclosed the minor rape victim's name to electronic media at Ms. Maliwal's behest. According to the FIR, the notice sent by Ms. Maliwal as the chairperson of DCW, in which she sought to know about the investigation in the rape case, was "intentionally circulated" on a WhatsApp group and shown by a TV channel. "Prosecution has failed to prove the commission of offence under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 86 of the Juvenile Justice rules by the accused persons beyond a reasonable doubt," the order said. The court said neither the notice revealing the identity of the minor victim on WhatsApp nor Mr. Singh sharing a copy of the notice with a news channel was proved. While Section 74 of the law prohibits any such disclosure to the media, Rule 86 deals with the classification of offences as cognisable or non-cognisable and designated courts. "Accused persons, namely Swati Maliwal Jaihind and Bhupender Singh, are hereby acquitted of the offence under Section 74, read with rule 86 of the Juvenile Justice Act," the court said. The order referred to the testimony of witnesses and underlined "complete failure" on the part of the prosecution or complainant to prove the charges. On the allegations that the notice revealing the minor's name was displayed by a news channel on July 25, 2016, the court noted when the footage of the news item was viewed neither such a notice was seen, nor did the anchor disclose her name. "Thus, the allegations of the prosecution to this extent appear to be baseless and unfounded," the court held. It also rejected the prosecution's argument that Ms. Maliwal could be convicted based on the notice she sent to the SHO, revealing the minor's name. "It does not appeal to common sense to hold accused 1 (Maliwal) criminally liable for disclosing the name of the minor victim to SHO of Burari police station, who otherwise is in knowledge of all her details, being the one responsible for filing the chargesheet in the FIR," the court said. The court in the meantime referred to the legislative intent behind the enactment of Section 74 JJ of the act, saying the aim was "to avoid scrutiny of the proceedings in which a juvenile is tried to insulate and protect the juvenile from stigma and emotional trauma". "Some measures like restricted access to records of trials, sealing and destruction of records of prosecution of juvenile delinquents are finding acceptance among legislatures across the world. The courts have been anonymising trials of children in conflict with the law to protect their identities," it said. Delhi Police booked Ms. Maliwal in 2016 and said there was a blatant violation of provisions of the Juvenile Justice Act, which protect the identity of a minor victim of sexual offence. The minor girl succumbed to her injuries on July 23, 2016, at a hospital after being sexually assaulted by her neighbour who allegedly forced a corrosive substance down her throat and damaged her internal organs. On account of the presence of the consent of the victim's parents to disclose her name, Section 228A (Prohibition on disclosure of identity of the victim) of the IPC was dropped, and Section 74 of the Juvenile Justice Act was added in the case.
NDTV
5 days ago
- Politics
- NDTV
Delhi Court Acquits Swati Maliwal In Case Of Revealing Rape Victim's Name
New Delhi: A Delhi court on Wednesday acquitted MP and former chairperson of Delhi Commission for Women (DCW), Swati Maliwal, accused of allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Additional chief judicial magistrate Neha Mittal also acquitted Bhupender Singh, then public relations officer of DCW. The prosecution alleged Singh disclosed the minor rape victim's name to electronic media at Maliwal's behest. According to the FIR, the notice sent by Maliwal as the chairperson of DCW, in which she sought to know about the investigation in the rape case, was "intentionally circulated" on a WhatsApp group and shown by a TV channel. "Prosecution has failed to prove the commission of offence under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 86 of the Juvenile Justice rules by the accused persons beyond a reasonable doubt," the order said. The court said neither the notice revealing the identity of the minor victim on WhatsApp nor Singh sharing a copy of the notice with a news channel was proved. While Section 74 of the law prohibits any such disclosure to the media, Rule 86 deals with the classification of offences as cognisable or non-cognisable and designated courts. "Accused persons, namely Swati Maliwal Jaihind and Bhupender Singh, are hereby acquitted of the offence under Section 74, read with rule 86 of the Juvenile Justice Act," the court said. The order referred to the testimony of witnesses and underlined "complete failure" on the part of prosecution or complainant to prove the charges. On the allegations that the notice revealing the minor's name was displayed by a news channel on July 25, 2016, the court noted when the footage of the news item was viewed neither such a notice was seen, nor did the anchor disclose her name. "Thus, the allegations of the prosecution to this extent appear to be baseless and unfounded," the court held. It also rejected the prosecution's argument that Maliwal could be convicted based on the notice she sent to the SHO, revealing the minor's name. "It does not appeal to common sense to hold accused 1 (Maliwal) criminally liable for disclosing the name of the minor victim to SHO of Burari police station, who otherwise is in knowledge of all her details, being the one responsible for filing the chargesheet in the FIR," the court said. The court in the meantime referred to the legislative intent behind the enactment of Section 74 JJ of the act, saying the aim was "to avoid scrutiny of the proceedings in which a juvenile is tried to insulate and protect the juvenile from stigma and emotional trauma". "Some measures like restricted access to records of trials, sealing and destruction of records of prosecution of juvenile delinquents are finding acceptance among legislatures across the world. The courts have been anonymising trials of children in conflict with the law to protect their identities," it said. Delhi Police booked Maliwal in 2016 and said there was a blatant violation of provisions of Juvenile Justice Act, which protect the identity of a minor victim of sexual offence. The minor girl succumbed to her injuries on July 23, 2016, at a hospital after being sexually assaulted by her neighbour who allegedly forced a corrosive substance down her throat and damaged her internal organs. On account of the presence of the consent of the victim's parents to disclose her name, Section 228A (Prohibition on disclosure of identity of the victim) of the IPC was dropped, and Section 74 of the Juvenile Justice Act was added in the case. (Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
The Hindu
01-08-2025
- General
- The Hindu
‘Increasing number of orphans, abandoned children being institutionalised in Child Care Centres not a good sign'
'Every year in the State, the number of orphans and abandoned children getting institutionalised in government and private Child Care Centres is increasing. This is not a good sign,' said Arundhati, programme manager, Directorate of Child Protection, Karnataka. Speaking on the 'Status of the Family Based Care in Karnataka' during a 'Consultation on Family-Based Care and Nurturing for Children in Karnataka,' here on Friday, Ms. Arundhati said there are 711 child care institutions in the State, including 108 government Bala Mandiras. Currently, there are about 19,000 to 20,000 children in these institutions. Of these, 350 are adoptable children in the 'Orphan Abandonment Surrendered' (OAS) category. The rest are in the No-Visitation or Unfit Guardian category , she said. 'According to the Juvenile Justice (Care and Protection of Children) Act, 2025, institutionalisation of children shall be a last resort. But we are promoting institutionalisation without properly understanding the Act. As per the rules, children registered with the Child Welfare Committee and the Children's Welfare Board should be re-integrated with their families as a first priority. If there is no family, they can be re-integrated with the extended family. If this is not possible, steps should be taken to provide them with a permanent family through adoption. When none of this is possible, arrangements should be made for them in Foster Care Family. We all need to work more in this regard,' she said. 'There is a good response to adoption in the State. However, the public is not showing much interest in becoming foster care parents for children above six years,' she said, adding that no one is coming forward to adopt or foster care for special needs children. 'This year, already 70 children have been given to foster care. Currently, there are 150 children identified for foster care in the State. Out of these, 61 are in immediate placement, all of whom are in the special needs category. Of the remaining 89 children, six are in the normal, 61 in the no-visitation, and 22 are in the unfit guardian category. After consulting with the children, 67 children are ready to be given to foster care, and 129 prospective foster parents have registered to receive the children in the District Child Protection Committees. However, none of them have come forward to take in special needs children,' she lamented. Further, she explained that there are no proper guidelines or rules for foster children completing 18 years of age, and steps have been taken to make separate Standard Operating Procedures (SOPs) in this regard. However, the recently amended Juvenile Justice Act has allowed the same parents to adopt the child if the child has been in the foster family for more than two years, she added. K. Naganna Gowda, chairperson of the Karnataka State Commission for Protection of Child Rights, said, 'Children are the asset of the country, and the care and upbringing of abandoned children is the responsibility of all of us. A family atmosphere should be created for those children in Child Care Centers. There is a committee headed by the Deputy Commissioner in all districts. It should take an appropriate action to ensure the safety and protection of these children.' The programme was jointly organised by the KSCPCR and India Alternative Care Network at Institute for Social and Economic Change.
The Print
07-07-2025
- The Print
Woman thrashes 4-year-old daughter in Thane district, faces FIR
Sub-inspector Anil Sonawane of the Mumbra police station informed the media that an alert citizen initially reported the incident to police, which later lodged a First Information Report (FIR) against the woman on a family member's complaint. While the woman, a housewife, was beating up her daughter and the child writhed in pain, the victim's siblings tried to intervene, but to no avail, he said. Thane, Jul 7 (PTI) A woman was caught on camera thrashing her four-year-old daughter with a metal kitchen tool in Diva town of Thane district, leading police to file an FIR against her, an official said on Monday. 'Based on the complaint, police registered an FIR under provisions of sections 115 (voluntarily causing hurt), 118 (voluntarily causing hurt or grievous hurt by dangerous weapons or means) of the Bharatiya Nyaya Sanhita (BNS) and the Juvenile Justice (Care and Protection of Children) Act, and initiated a probe,' Sonawane stated. The FIR was lodged on Sunday, but it was not yet known when the incident took place. 'While the woman was beating up the child with a big scoop, her sister videographed the same and passed it on to her grandmother in Mumbai, who in turn lodged the complaint,' said the police officer. Siblings present in the house tried to rescue the victim, but in vain, he said, adding the motive behind the child beating was still not known. The woman has four children, said the police officer. A video of the incident has surfaced on social media. PTI COR RSY This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
