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Time of India
26-05-2025
- Time of India
‘Poverty is not a shield': Life term to man for killing wife
New Delhi: A Delhi court, refusing to accept "poverty" as a major mitigating circumstance, sentenced a man to life imprisonment for murdering his wife in 2014 by setting her ablaze. The court observed that the aggravating circumstances in the case outweighed the mitigating circumstances. The court of additional sessions judge Virender Kumar Kharta, in an order dated May 17, stated that in the present case, the aggravating circumstances outweighed the mitigating circumstances. However, the case did not fall within the purview of the rarest of rare doctrine, which would warrant the death penalty. The court was hearing arguments on the quantum of sentence against Giriraj Kishor Bhardwaj, alias Shyam Naga, who was earlier convicted under Section 302 (murder) of the IPC. "While sentencing, the purpose of sentencing has to be borne in mind. The sentence imposed must establish a right balance between the rights of the convict and the rights of the victim and the purpose of law. Poverty is not a major mitigating circumstance," the judge said. Additional public prosecutor Pankaj Kumar Ranga sought the death penalty for the convict, stating he committed the heinous offence of murdering his wife, Kusum, by pouring a flammable liquid and setting her ablaze with a matchstick on Sept 24, 2014. The prosecutor mentioned that after the murder, one of the sons of the accused discontinued his studies and became a drug addict, while the other, a minor, started working as a helper for a vegetable vendor. The court then sentenced Bhardwaj to life imprisonment. "The convict is a first-time offender. The offence committed by the convict is heinous in nature. The deceased was the wife of the convict. The trauma of the family members of the deceased, Kusum, and her sons can be understood," the judge observed. The court also referred the case to the Delhi State Legal Services Authority (DSLA) to determine adequate compensation for the deceased's legal representatives, acknowledging that they suffered mental trauma, inconvenience, hardship, disappointment, and frustration. The counsel for the convict submitted before the court that the case does not fall under the rarest of rare doctrine and hence, he cannot be awarded the death penalty. She further argued that a lenient view may be taken against the convict, as he belongs to a poor strata of society.
The Hindu
26-04-2025
- The Hindu
Judiciary and the police urged to protect identities of sexual assault victims
Judges and police officers should protect the identities of sexual assault victims and provide them with the support they need, said Madras High Court Judge M. Dhandapani in Coimbatore city on Saturday. Speaking at an awareness programme on gender sensitisation and the elimination of violence against women, organised by the District Legal Services Authority (DSLA), Coimbatore, Justice Dhandapani said the judiciary and law enforcement must ensure the confidentiality of victims, calling it a social responsibility. He said leaking of victims' identities often makes their future uncertain. Only about 10% of women-related problems reach the courts in India, as fear of stigma and concerns over their daughters' future discourage many parents from reporting the cases. Highlighting gaps in justice delivery, he said that only well-established factories, industries, and companies have internal complaints committees under the Vishaka guidelines, leaving domestic workers and others without proper mechanisms. It is the duty of courts and police to ensure that every victim receives justice. The speakers discussed at the event cyber crimes against women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), types of workplace harassment and grievance mechanisms, challenges faced by junior advocates and interns, and the duties of Bar Associations under the Act. They also spoke on the role of men and women in creating a healthy work environment. An awareness short film produced by the Coimbatore district court staff was released.
