Latest news with #CriminalLawAmendmentAct
Time of India
28-05-2025
- Time of India
Four held for creating ruckus in Alandi
Pune: Dighi police on Tuesday arrested four men on the charge of creating a ruckus in the Alandi area by threatening people with a sword. The arrested men and their five accomplices also celebrated the birthday of one of them by cutting a cake with a sword and posted its video on a social media platform, police said. The police registered a case against the suspects under the relevant sections of the Indian Arms Act and the Criminal Law Amendment Act. An officer from the Dighi police said that the arrested men and their three accomplices gathered in an abandoned building at Alandi Devachi on May 26 to celebrate the birthday. The birthday boy cut the cake with a sword. His friends recorded it and posted it on social media. "The gang also created a ruckus in the area with the sword," the officer said. He said that after getting the information about the video, a team from the crime branch took four of them into custody. "Search is on for their other accomplices," he said.
Time of India
27-05-2025
- Time of India
On the run since 2008, Moradabad court jails Hizbul terrorist for 10 years
Bareilly: A Moradabad court sentenced a Hizbul Mujahideen terrorist to 10 years in prison for his role in a 2002 terror plot involving explosives and weapons. Ulfat Hussain, also known as Mohammad Saiful Islam and a resident of Poonch district in Jammu and Kashmir, was arrested in his home state in March this year, 17 years after he absconded after being released on bail in 2008. Hussain was first arrested by Katghar police on July 9, 2002, along with three other terrorists. Based on their information, police recovered an AK-47, an AK-56, two 30-bore pistols, 12 hand grenades, 29kg of explosive material, 50 detonators, 39 timers, 8 magazines and 560 live cartridges. Officers suspected the group had planned to target religious sites and crowded areas in Moradabad. After being granted bail in 2008, Hussain went into hiding. He remained at large for nearly 17 years. Moradabad court issued permanent warrants against him in 2015 and again in 2025. A reward of 25,000 rupees was announced for his arrest. On March 8, 2025, a joint operation by UP ATS and Katghar police led to his arrest in Poonch. He was brought to Moradabad and lodged in jail. Additional district govt counsel Suresh Singh said, "After a prolonged trial, the court of additional district judge Chhaya Sharma found him guilty and awarded him 10 years in jail." The court convicted him under IPC section 307 (attempt to murder) and section 7 of the Criminal Law Amendment Act, section 5 of the Explosives Substances Act, and section 25 of the Arms act.
IOL News
26-05-2025
- IOL News
Free State man sentenced to life for raping mentally disabled minor
Free State man receives life imprisonment for raping a mentally minor. Image: File A 42-year-old man has been sentenced to life imprisonment by the Bothaville Regional Court for the rape of a mentally disabled 15-year-old child, in a case described by the State as a "grave violation" against a vulnerable member of society. The court found him guilty under Section 51(1) of the Criminal Law Amendment Act, which prescribes minimum sentences for serious offences. The National Prosecuting Authority (NPA) Regional spokesperson, Mojalefa Senokoatsane, said the incident took place on July 22, 2023, when the victim, a minor with a mental disability, went to play at a neighbour's house, unaware that her day would end in trauma. "The accused instructed the victim to accompany him under the pretext of purchasing electricity. He directed her to jump over the back fence and wait for him at a specific shop nearby," said Senokoatsane. Despite the victim's concern over their unfamiliar route, Mokeretla insisted she remain quiet, even warning her to act normal when a police vehicle passed by. He eventually led her to a ditch on the outskirts of the township, where he raped her after forcing her to undress. The victim remained silent that evening but bravely confided in a friend at school the next day. "She reported the incident to her friend, who then reported the incident to the principal, and a case was opened. The accused was arrested and charged with rape," said Senokoatsane. During the trial, the prosecution, led by Regional Court Prosecutor Tshegofatso Lebitsa, relied solely on the testimonies of the victim and her friend. The defence's application for discharge under Section 174 of the Criminal Procedure Act was dismissed. Notably, Mokeretla chose not to testify in his own defence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ In her closing argument, Lebitsa stressed the gravity of the crime and the vulnerability of the victim. she argued that the accused showed a complete lack of remorse and refused to take the court into his confidence and that he exploited a highly vulnerable minor and must face the full might of the law. The court concurred and imposed a life sentence. Additionally, Mokeretla's name will be entered into the National Register for Sex Offenders, and he has been declared unfit to possess a firearm. The National Prosecuting Authority (NPA) reaffirmed its commitment to combating Gender-Based Violence and Femicide (GBVF). "The Prosecuting Authority, as the primary force in combating Gender-Based Violence and Femicide, will relentlessly pursue the prosecution of offenders and ensure that they receive sentences that reflect the severity of their crimes," said Senokoatsane. IOL NEWS
IOL News
13-05-2025
- IOL News
SCA reduces life sentence of rapist to ten years for assault on eight-year-old
Charles Phogole, who entered into a plea agreement at trial for the rape of an eight-year-old girl, was convicted and sentenced by the Regional Court Johannesburg, held in Alexandra (the trial court) during February 2015. The new sentence was antedated to 2015. Image: Supplied The Supreme Court of Appeal (SCA) discounted a convicted rapist's life sentence to ten years imprisonment for the rape of an eight-year-old girl at a tavern toilet during 2010 or 2011. Charles Phogole, who entered into a plea agreement at trial, was convicted and sentenced by the Regional Court Johannesburg, held in Alexandra, during February 2015. The new sentence was antedated to 2015. According to Phogole's counsel, who appealed against the conviction and sentence, also argued that the mother of the minor girl 'influenced the complainant to falsely implicate him'. The SCA found sufficient cause to interfere with the sentence imposed by the trial court due to the fact that Phogole had not been informed that the minimum sentence of life imprisonment was applicable prior to entering his guilty plea. It was the complainant's version that Phogole undressed her, undressed himself and raped her with her back against the wall and 'didn't use a condom'. According to the complainant, the appellant lifted her, pressed her against the wall, and raped her. This happened inside the toilet, and it was daylight. After he had finished, he told her to go home. She went home and did not tell anyone because she was afraid 'they will give me a hiding' The SCA emphasised that it was not enough for the record merely to state that the applicability of the minimum sentence was explained to the appellant; the record must reflect that he was expressly warned of the penal provisions. The reconstructed record failed to show that such a warning was given. The SCA regarded this as a serious misdirection, warranting the Court's intervention to reconsider the sentence. In the majority SCA judgment, Justice Fikile Mokgohloa, said in the absence of the penal provisions explained to the accused, the sentence of life imprisonment imposed on the appellant was 'shockingly inappropriate'. 'It is indeed desirable that the charge sheet refers to the relevant provisions of the Criminal Law Amendment Act (CLAA). Further desirable that this should also be explained to the accused at the time when he tenders his plea. This would enable the accused to appreciate and understand the nature and seriousness of the charge he is facing. It is not sufficient to state that this was explained to the appellant, the record of the proceedings has to show that he was indeed so warned. 'Rape is a serious, cruel and heinous offence. It is degrading, humiliating and a brutal invasion of a person's most intimate privacy. What I find more aggravating is the fact that the appellant took advantage of the age and vulnerability of the complainant. He abused the trust the complainant had in him as her mother's friend. His conduct, in my view, was sufficiently reprehensible to fall within the category of offences calling for a sentence both reflecting the court's disapproval and hopefully acting as a deterrent to other like-minded people who satisfy their canal desires with helpless children,' said Mokgohloa. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ In a minority and dissenting judgment, acting judge Tati Makgoka, said the complainant's evidence was not satisfactory in all material respects, and therefore the State had failed to discharge the onus of proving the appellant's guilt beyond a reasonable doubt. Makgoka identified material discrepancies in the complainant's version of how the offence occurred and said the trial court's failure to give appropriate weight to these contradictions amounted to a material misdirection. The discrepancies pointed out was the position in which the child testified she was raped while the testimony of her mother contradicted such saying that she was raped with her back facing Phogole. 'A court faced with a contradiction between the evidence of two witnesses must resolve it by critically examining the differences, with a view to establishing whether the complainant's evidence was reliable. If the court prefers one version, it must explain why that version is preferable to the other, and what impact the contradiction has on the overall evidence. Simply put, the two versions cannot live side by side,' said Makgoka. Cape Times
IOL News
12-05-2025
- IOL News
Supreme Court reduces life sentence of rapist to ten years for assault on eight-year-old
Charles Phogole, who entered into a plea agreement at trial for the rape of an eight-year-old girl, was convicted and sentenced by the Regional Court Johannesburg, held in Alexandra (the trial court) during February 2015. The new sentence was antedated to 2015. Image: Supplied The Supreme Court of Appeal (SCA) discounted a convicted rapist's life sentence to ten years imprisonment for the rape of an eight-year-old girl at a tavern toilet during 2010 or 2011. Charles Phogole, who entered into a plea agreement at trial, was convicted and sentenced by the Regional Court Johannesburg, held in Alexandra (the trial court) during February 2015. The new sentence was antedated to 2015. According to Phogole's counsel, who appealed against conviction and sentence, also argued that the mother of the minor girl 'influenced the complainant to falsely implicate him'. The SCA found sufficient cause to interfere with the sentence imposed by the trial court due to the fact that Phogole had not been informed that the minimum sentence of life imprisonment was applicable prior to entering his guilty plea. It was the complainant's version that Phogole undressed her, undressed himself and raped her with her back against the wall and 'didn't use a condom'. According to the complainant, the appellant lifted her, pressed her against the wall, and raped her. This happened inside the toilet, and it was daylight. After he had finished, he told her to go home. She went home and did not tell anyone because she was afraid 'they will give me a hiding' The SCA emphasised that it was not enough for the record merely to state that the applicability of the minimum sentence was explained to the appellant; the record must reflect that he was expressly warned of the penal provisions. The reconstructed record failed to show that such a warning was given. The SCA regarded this as a serious misdirection, warranting the Court's intervention to reconsider the sentence. According to the court record, the rape occurred during the day while the minor girl was playing with her friends. In the majority SCA judgment, Justice Fikile Mokgohloa, said in the absence of the penal provisions explained to the accused, the sentence of life imprisonment imposed on the appellant was 'shockingly inappropriate'. 'It is indeed desirable that the charge sheet refers to the relevant provisions of the Criminal Law Amendment Act (CLAA). Further desirable that this should also be explained to the accused at the time when he tenders his plea. This would enable the accused to appreciate and understand the nature and seriousness of the charge he is facing. It is not sufficient to state that this was explained to the appellant, the record of the proceedings has to show that he was indeed so warned. 'Rape is a serious, cruel and heinous offence. It is degrading, humiliating and a brutal invasion of a person's most intimate privacy. What I find more aggravating is the fact that the appellant took advantage of the age and vulnerability of the complainant. He abused the trust the complainant had in him as her mother's friend. His conduct, in my view, was sufficiently reprehensible to fall within the category of offences calling for a sentence both reflecting the court's disapproval and hopefully acting as a deterrent to other like-minded people who satisfy their canal desires with helpless children,' said Mokgohloa. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ In a minority and dissenting judgment, acting judge Tati Makgoka, said the complainant's evidence was not satisfactory in all material respects, and therefore the State had failed to discharge the onus of proving the appellant's guilt beyond a reasonable doubt. Makgoka identified material discrepancies in the complainant's version of how the offence occurred and said the trial court's failure to give appropriate weight to these contradictions amounted to a material misdirection. The discrepancies pointed out was the position in which the child testified she was raped while the testimony of her mother contradicted such saying that she was raped with her back facing Phogole. 'A court faced with a contradiction between the evidence of two witnesses must resolve it by critically examining the differences, with a view to establishing whether the complainant's evidence was reliable. If the court prefers one version, it must explain why that version is preferable to the other, and what impact the contradiction has on the overall evidence. Simply put, the two versions cannot live side by side,' said Makgoka.
