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Time of India
5 days ago
- Time of India
3 IOs in 9 months: How court saw through bid to shield Noida school where 3-year-old was raped; principal, class teacher tried to hush up the case
NOIDA: The special Pocso court that this week sentenced a former pool lifeguard of a frontline school in Greater Noida to life imprisonment till death for sexually assaulting a three-year-old girl during swimming classes in 2018 saw through attempts to protect the institution during the investigation. S o, despite a closure report being filed against the school's principal and the girl's class teacher, it did not escape the court's attention that investigating officers (IO) had been changed in the case three times in nine months. In its order on Tuesday, the court held the school financially for failing to protect the child and ordered its managing society to pay compensation of Rs 10 lakh to the girl within a month. Based on a complaint from the girl's parents on July 13, 2018, an FIR was filed against Chandidas, the lifeguard at Surajpur police station. On July 30, investigating officer Bobesh included names of the principal and class teacher as co-accused. Bobesh's reasoning was that the girl in her statement to police under 161 CrPC had stated that she had informed her class teacher about the incident. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida | Gold Rates Today in Noida | Silver Rates Today in Noida The girl's mother stated that she had informed the school's principal and she was "threatened by the principal to not take up the matter legally". The IO found these conditions enough to indict the teacher and principal under section 503 of IPC and Section 17 of the Protection of Children from Sexual Offences (Pocso) Act and recommended charging them for criminal intimidation, failing to prevent sexual assault on the minor, and deliberately concealing information from police. Bobesh, however, could never proceed with this. She was transferred soon after. The investigation was handed over to Sita Singh, who filed her closure report after recording the statement of the principal on Nov 29, 2018. Deposing as PW (prosecution witness) 8 in court, Singh said the case was sent to her on written orders of the then SSP, Gautam Budh Nagar. "Charge sheet was sent to the court on Aug 25, 2018 by the previous investigating officer against the accused Chandidas. The investigation (against the principal and class teacher) was closed as there was no other action remaining in the supplementary investigation," she deposed. On Apr 1, 2019, the case was transferred a third time to then SHO of the women's PS, Rashmi Choudhary, for a "thorough investigation". Deposing as PW 9, she said no charge sheet was sent against the principal and class teacher due to a lack of evidence against them. During the hearing, Special Pocso Judge Vijay Kumar Himanshu observed that there was undue interference from the administrative machinery in the investigation of the case. "The moment they (school authorities) were made accused, the IO was transferred, and the investigation was handed over to another IO, Sita Singh and Rashmi Chaudhary. They hushed up the matter and filed the closure report against the principal and class teacher," the judge noted. The judge also observed that they had miserably failed to discharge the duty to take care and ensure foolproof safety and security of the student. "The court is not initiating penal action against them, but compensatory liability of the school and management society is fixed. The IOs who hushed up the matter against the then principal and class teacher have to face charges of abetment punishable under section 17 of the Pocso Act," the judge ruled. A key moment in the trial that gave the prosecution's case against Chandidas solid footing was the testimony of the girl, who deposed when she was eight years old. The judge asked her some questions to ascertain her understanding and ability to depose as a witness which included her parents' names, class, the school she studies in, her favourite sport, the name of her class teacher, moves of the elephant and horse in a game of chess, and her father's profession. "The court is satisfied with her reply, and the victim has sufficient understanding capable enough to give the evidence," the judge noted in his order. In her deposition, which was consistent with her earlier statements, she said the incident occurred behind the pillar near the swimming pool, and the person who committed the act was the "swimming pool wale uncle". She said she had resisted by pointing her finger at him. "Then the uncle left. I informed the teacher about the incident, but the teacher asked me to sit and did not call the swimming pool wale uncle. After school was over, I returned home in the school bus," she said, adding she informed her mother at night she had to frequently go to the washroom and felt severe pain in her private parts. The defence had questioned the victim's mother, PW 2, for taking the minor to a Delhi-based hospital instead of any doctor in Gautam Budh Nagar. She was asked if she was a doctor to ascertain injuries and was accused of tutoring the child. The victim's father, PW 1, was accused of using his influence with the head of the department of gynaecology, GTB Hospital Delhi, who was a former neighbour to obtain a medical report supporting their "false case". The court, however, noted that the girl's movement towards the pillar and her return from there was documented in CCTV footage that showed her staggering, almost to the extent of stumbling. "The effort of the defence to prove the improbabilities through deficient medical examination claiming it to be motivated could not displace the presumption under Section 29 of the Pocso Act," the judge noted, citing a ruling of Supreme Court that rape is a crime, not a medical condition, and rape is a legal term, not a diagnosis to be made by the medical officer treating the victim. Having faced pressure from various ends during the last seven years, the girl's father told TOI on Wednesday he is no longer prepared to recall the pain. "When we went to the court, the school pressured us, saying that as long as my other daughter was studying there, we couldn't file a case. But we went ahead anyway. We withdrew our kids from the school the same year and pursued the case. It was a collective fight for the entire family. Perhaps any other parent in our position would have done the same," he added. He expressed satisfaction with the verdict. "Everything necessary was taken into consideration. During the entire procedure, there was a lot of expenditure. It felt like everything - our money, time and effort - was falling apart, but now we are satisfied with the judgment," he said. (Additional reporting by Ayantika Pal) (The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault) Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
6 days ago
- Time of India
Man gets imprisoned 'till the last day of his natural life' for raping 3-year-old child, 8 years on
Live Events Incident during swimming class in 2018 School's 'connivance' and police's 'defective' probe (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel A special POCSO court in Greater Noida has sentenced a former swimming pool lifeguard to imprisonment 'till the last day of his natural life' for the 2018 sexual assault of a three-year-old nursery student at a reputed school chain 's court also declared the school's management financially liable for failing to protect the child and ordered two investigating officers to stand trial for allegedly abetting the crime, Times of India Vijay Kumar Himanshu of the additional district and sessions court-cum-special POCSO court handed Chandidas, the convict, a double life term — one under Section 376AB of the Indian Penal Code and another under Section 5(m) of the POCSO Act (aggravated penetrative sexual assault on a child under 12).He also received a separate seven-year sentence under Section 9(f), read with Section 10 of the POCSO Act, for abusing his position as a school employee. The court imposed a fine of ₹24,000 on court ordered the school's managing society to pay ₹10 lakh in compensation to the survivor within a month, as directed by the National Legal Services Authority, to aid in her to court records, the assault took place on July 12, 2018, during a swimming session at the school's splash pool. The child informed her class teacher about the incident and later complained of stomach pain after returning subsequently told her mother that the 'swimming pool uncle' had touched her private parts. A medical examination at Delhi's Guru Teg Bahadur Hospital confirmed penetrative sexual FIR was lodged the next day at Surajpur police station, and Chandidas was arrested from the school principal's office. Special public prosecutor (POCSO) Chhavanpal Singh told the court that the prosecution presented 12 witnesses along with 14 documentary and electronic exhibits, arguing for the harshest possible sentence not only for the convict but also for the school, which he said had 'failed to act as a custodian of its students.'The defence countered that the child's family had a personal grudge against the school and had 'tutored' her to make false allegations, claiming the charges were unsupported by medical court rejected the defence's claims, finding the survivor's statements to police, a magistrate, and during trial to be consistent and credible, and corroborated by the medical findings. The testimony of her parents further supported her its judgment, the court termed the school management a 'joint tortfeasor,' noting that its 'attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society.'It said the school management was 'vicariously liable' for lapses that caused additional trauma to the survivor and her Himanshu also criticised the roles of investigating officers Sita Singh and Rashmi Chaudhary, accusing them of conducting a 'defective and motivated investigation' to shield the principal and class court said, 'There is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child.'Both officers were declared co-accused under Section 17 of the POCSO Act and will now face trial.(With inputs from ToI)
Time of India
6 days ago
- Time of India
Ex-lifeguard sentenced to jail ‘till last day of life' for raping 3-year-old student in Greater Noida school
Noida: A special Pocso court on Tuesday convicted and sentenced a former swimming pool lifeguard at a wellknown school chain's Greater Noida campus to life imprisonment "till the last day of his natural life" for sexually assaulting a three-year-old student in 2018. The court, which pronounced a double life term under IPC and the protection of Children from Sexual Offences (Pocso) Act, also held the school's management financially liable for failing to protect the child and ordered the two investigating officers of the case to stand trial for "abetting the assault". Judge Vijay Kumar Himanshu of the additional district and sessions court cum special Pocso court convicted the former lifeguard, Chandidas, under Section 376AB of IPC and Section 5(m) of Pocso (aggravated penetrative sexual assault on a child under 12). Chandidas, who is currently out on bail, was also handed another seven-year term under Pocso Act Section 9(f), read with Section 10, for abusing his position as a school employee. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida | Gold Rates Today in Noida | Silver Rates Today in Noida The court imposed a fine of Rs 24,000 on the convict and ordered the school's managing society to pay Rs 10 lakh in compensation to the girl for rehabilitation within one month, as directed by National Legal Services Authority. The child, then a nursery student, was raped by the lifeguard during swimming class at the school's splash pool on July 12, 2018. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 20 Pieces of Clothing you should Ditch over 40 Learn More Undo She had told her class teacher about the incident. On returning home, she complained of stomach pain and discomfort. She later told her mother that the "swimming pool uncle" had touched her private parts. A medical examination at Delhi's Guru Teg Bahadur Hospital confirmed penetrative sexual assault. An FIR was lodged the next day at Surajpur police station. Chandidas was arrested from the school principal's chamber. Special public prosecutor (Pocso) Chhavanpal Singh said the prosecution presented 12 witnesses and 14 documentary and electronic exhibits and sought the harshest sentence not just for Chandidas but also for the school, which "failed to act as a custodian of its students". The defence argued that the child's family had a grudge against the school and had "tutored" her into making allegations that were unsupported by medical evidence. The court, however, found the child's statements to police, a magistrate and in court consistent and credible, and corroborated by medical findings from GTB Hospital. The testimony of her parents further supported her account. The court described the school management as a "joint tortfeasor" (legal term for an entity committing a tort or a wrongful act), noting that its inaction and suppression attempts directly contributed to the child's trauma. It cited its powers under Section 33(8) read with Section 9 of the Pocso Act to impose the Rs 10 lakh penalty on the school. "Their attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society. Hence, the court feels that the school management shall be made vicariously liable for the lapses in terms of awarding compensation for the mental trauma suffered by the victim and her family," the judge noted. The court found the roles of the two IOs, Sita Singh and Rashmi Chaudhary, dubious in the investigation. The IOs had filed a closure report against the principal and class teacher despite evidence available on record. "This court finds there is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child," the court said in its ruling, declaring the two IOs co-accused under Section 17 of the Pocso Act. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
6 days ago
- Time of India
Ex-lifeguard sentenced to jail 'till last day of life' for raping 3-yr-old student in school
Noida: A special Pocso court on Tuesday convicted and sentenced a former swimming pool lifeguard at a wellknown school chain's Greater Noida campus to life imprisonment "till the last day of his natural life" for sexually assaulting a three-year-old student in 2018. Tired of too many ads? go ad free now The court, which pronounced a double life term under IPC and the protection of Children from Sexual Offences (Pocso) Act, also held the school's management financially liable for failing to protect the child and ordered the two investigating officers of the case to stand trial for "abetting the assault". Judge Vijay Kumar Himanshu of the additional district and sessions court cum special Pocso court convicted the former lifeguard, Chandidas, under Section 376AB of IPC and Section 5(m) of Pocso (aggravated penetrative sexual assault on a child under 12). Chandidas, who is currently out on bail, was also handed another seven-year term under Pocso Act Section 9(f), read with Section 10, for abusing his position as a school employee. The court imposed a fine of Rs 24,000 on the convict and ordered the school's managing society to pay Rs 10 lakh in compensation to the girl for rehabilitation within one month, as directed by National Legal Services Authority. The child, then a nursery student, was raped by the lifeguard during swimming class at the school's splash pool on July 12, 2018. She had told her class teacher about the incident. On returning home, she complained of stomach pain and discomfort. She later told her mother that the "swimming pool uncle" had touched her private parts. A medical examination at Delhi's Guru Teg Bahadur Hospital confirmed penetrative sexual assault. An FIR was lodged the next day at Surajpur police station. Chandidas was arrested from the school principal's chamber. Tired of too many ads? go ad free now Special public prosecutor (Pocso) Chhavanpal Singh said the prosecution presented 12 witnesses and 14 documentary and electronic exhibits and sought the harshest sentence not just for Chandidas but also for the school, which "failed to act as a custodian of its students". The defence argued that the child's family had a grudge against the school and had "tutored" her into making allegations that were unsupported by medical evidence. The court, however, found the child's statements to police, a magistrate and in court consistent and credible, and corroborated by medical findings from GTB Hospital. The testimony of her parents further supported her account. The court described the school management as a "joint tortfeasor" (legal term for an entity committing a tort or a wrongful act), noting that its inaction and suppression attempts directly contributed to the child's trauma. It cited its powers under Section 33(8) read with Section 9 of the Pocso Act to impose the Rs 10 lakh penalty on the school. "Their attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society. Hence, the court feels that the school management shall be made vicariously liable for the lapses in terms of awarding compensation for the mental trauma suffered by the victim and her family," the judge noted. The court found the roles of the two IOs, Sita Singh and Rashmi Chaudhary, dubious in the investigation. The IOs had filed a closure report against the principal and class teacher despite evidence available on record. "This court finds there is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child," the court said in its ruling, declaring the two IOs co-accused under Section 17 of the Pocso Act.
Indian Express
10-07-2025
- Entertainment
- Indian Express
Pre-Independence Bollywood icon had real-life Devdas spiral, succumbed to alcohol at 42; once gave the equivalent of Rs 75,000 to blind beggar
Before there was Dilip Kumar, before there was Shah Rukh Khan, there was Kundanlal Saigal. Born in Jammu, Saigal achieved fame and success for his portrayal of the titular character in the 1935 adaptation of Devdas. Sadly, his own life was marked by a dependence on alcohol. He died in the year of India's Independence, in January, after damaging his liver to the point of no recovery. He was only 42, and reportedly didn't have much money to his name. He had returned to his hometown of Jalandhar, and was hoping to rebuild his singing and acting career. Feeling unfulfilled as a youth in Jalandhar, he took up odd jobs across the country. He worked as a salesman, peddling sarees and typewriters. He worked at a hotel in Shimla. But his passion for singing drew him to Kolkata, then the hub of the film and entertainment industry. In Kolkata, he was signed by New Theatres, a production company that retained him for the sum of Rs 200 per month. His first few films didn't work, but the year 1934 was pivotal for him. The song 'Prem Nagar,' from the film Chandidas, was a hit. The very next year, he starred in Devdas, which catapulted his career to even greater heights. Also read – Legendary Bollywood music composer lived as paying guest in final years, banned family from attending funeral 'I am just an ordinary person with no acting experience. I used to be a salesman and singing is my hobby,' he told Kidar Sharma, who'd go on to write Devdas, and worked with pre-fame Geeta Bali, Madhubala, Bharat Bhusan and others. 'Saigal had two passions,' Kidar Sharma wrote in his autobiography, 'Music and alcohol; one made him and the other destroyed him.' Saigal remained skeptical about his skills, and grew certain that he could perform only when he was under the influence. In his book, Kidar Sharma narrated a story about the music composer Naushad asking Saigal to sing a song both sober and drunk, and then told him that he was going to pick the sober version. He once told a concerned music director ahead of a recording session, 'Please forgive my staggering but I do not sing with my body but soul.' In an interview with Kirit Ghosh, editor of the film magazine Jayathi, Saigal said, 'I have no clear understanding of the grammar of music. I manage to sing because of a strong feeling about how certain sounds should feel in a given raga. I do not use ten notes if I can manage to do the same with one. That's because I know very little.' Read more – Star of Bollywood's Golden Era died penniless due to flamboyant lifestyle, influenced Amitabh Bachchan and won praise from Mahatma Gandhi Saigal was one of the first performers to insist that his songs be recorded live, instead of in a studio. In his book Bollywood Melodies, Ganesh Anantharaman wrote, 'Saigal's supreme effort at singing was, of course, RC Boral's, Bhairavi Thumri 'Babulmora Naihar Chooto Hi Jaaye' in Street Singer (1938). In terms of authenticity and feeling, no other Bhairavi comes close to matching this Boral-Saigal masterpiece. While playing the protagonist, insisted that this song be recorded live as he is walking the street, though playback was well in vogue by then. Saigal knew that it was through his voice that he conveyed the truths of his character, and the truth of street singer needed a live recording. The director complied, and the song was recorded live with Saigal walking the streets, singing while a mike followed him in a truck just behind! No other singer would have dared a live recording. No other singer, therefore, has sung as intense a Bhairavi.' In his book, Kidar Sharma narrated a story to illustrate how sensitive Saigal was as a person. Back when Saigal was making a living selling sarees and typewriters, he'd cross the house of a poor girl who had her eye on a green saree in his case. But she couldn't afford it. One day, she promised him she'd have the Rs 10 that it cost the next day, and told him to come by. When he did, he discovered that the girl had died. Saigal donated the green saree to his brother for her funeral, and was so deeply affected by the incident that he stopped selling sarees altogether. Read more – Bollywood's most celebrated Golden Age writer died penniless, burdened by heavy debts; Javed Akhtar blamed Raj Kapoor Once, at a party, Saigal persuaded Kidar Sharma to step outside with him for some fresh air. Sharma realised that Saigal had heard someone singing in the distance, and wanted to investigate. The voice belonged to a blind beggar. Saigal was so moved by his song that he reached into his pocket and gave the beggar whatever he had. He later told Sharma that he'd given the beggar Rs 5000. When Sharma expressed shock, Saigal said, 'You think the one who gives me ever counts?' Saigal retreated to Jalandhar when he fell gravely ill. Doctors had reportedly given up on him, and his family had decided not to withhold his alcohol. They wanted him to do as he pleased. His sister-in-law told Punjabi writer Balwant Gargi several years after his death, 'Kundan was a great soul, an unusual person. He was ill and in need of complete rest but would tell us jokes and make us laugh. A few days before his death, he got his head shaved and said that on his return to Bombay, he would play the roles of sadhus and bhakts. But suddenly, his condition became critical and he passed away on the morning of January 18, 1947, leaving behind only his eternal melodies for hordes of his mourners in the country.' Read more – Mughal-E-Azam actor worked in over 500 films, but lived in a house without electricity, could never afford a car In a 1973 interview with a film magazine, Saigal's son reflected on his alcoholism. He said, 'My father did drink like anybody else… While he enjoyed his drink, my sister and I used to take music lessons in his presence from our teacher Jagan Nath Prasad. He would then listen to our practice. I did not see him drinking in excess at home. Nor do I remember his ever coming home in a drunken state.'
