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Time of India
4 hours ago
- Business
- Time of India
City textile firm alleges Rs 1.77cr fraud by two Delhi firms
Ahmedabad: A city-based textile company has lodged a complaint with the detection of crime branch (DCB), alleging a financial fraud of Rs 1.77 crore by two Delhi firms that allegedly defaulted on payments for denim fabric supplied over the years. The complaint, filed by Nikunj Dave, HR manager of the textile firm, claims the fraud occurred between May 2019 and March 2021, and is now being investigated by the Economic Offences Wing (EOW) of the DCB. According to the FIR, one of the Delhi companies purchased fabric worth Rs 9.68 crore and paid Rs 9.59 crore, leaving Rs 8.37 lakh unpaid, along with an credit note of Rs 31,228. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad In a second instance, another Delhi firm procured denim fabric worth Rs 4.80 crore between Feb and Nov 2020, of which only Rs 3.12 crore was paid. The unpaid amount of Rs 1.68 crore includes a debit note of Rs 1.03 lakh. The complainant stated that both companies had initially agreed to pay within 30 days of delivery but later stopped responding to payment demands. Despite repeated reminders, no further payments were made, leading the Ahmedabad-based company to allege intentional fraud and breach of trust. The company submitted supporting documents, including GST registration copies, invoices, e-way bills, transport records, and ledger accounts, along with the complaint, requesting a legal probe into the matter. DCB officials have registered a case of cheating and criminal breach of trust under the Indian Penal Code (IPC) and initiated an investigation.
Indian Express
6 hours ago
- Indian Express
Allahabad HC acquits man after 9 years in jail, flags misuse of POCSO Act in property grab cases
Observing that allegations of serious offences such as rape or child sexual abuse are increasingly being levelled in petty disputes or to grab property, the Allahabad High Court recently acquitted a man who had been convicted of raping his minor cousin. It also directed the Superintendent of Police to ensure that, upon his release from jail, he is given possession of his house, from which he was taken into custody in 2016. The court made the observation while hearing the appeal of the man, in his 50s, who challenged the judgement of a session court, which sentenced him to 20 years of imprisonment in 2020. He was convicted by the trial court under Section 376 (rape) of the Indian Penal Code (IPC) and provisions of Protection of Children from Sexual Offences (Pocso) Act. The case against the man was registered on March 18, 2016, based on his minor cousin's allegation that the previous night, while she had gone to use a washroom near her house, he caught her with ill intent, locked her in his room and raped her. She alleged that he threatened to kill her if she told anyone, and the FIR said that she was able to come out only several hours later, when the door was opened with the help of her family members and some neighbours. The medico-legal examination of the girl was conducted on March 20, 2016. The report mentioned that the date and time of the alleged rape were not known. The high court examined the evidence on merit and found that the medico-legal examination of the girls had not revealed any injuries to her. The high court, in its July 10 order, said, 'In view of the foregoing discussion, this court is of the considered opinion that the evidence on record does not prove that the appellant had raped the girl. The trial court has convicted the appellant without proper appreciation of evidence on record and without giving due weight to the medico-legal examination report and the pathological examination report of the victim. The findings of guilt recorded by the trial court are unsustainable in the eyes of law.' The court observed, 'The courts cannot shut their eyes to the ground realities apparent from the fact that now a days it has become very common to level allegation of commission of serious and heinous offences, including offence of rape or sexual abuse of a child by the family members, in petty disputes or in order to grab property.' It added, 'As the appellant used to reside alone in his house and he has been lodged in jail and although he had sought protection of his property by the court, it appears that no action was taken in this regard. The appellant has been made to languish in jail for more than nine years in a case in which there is no evidence to prove his guilt. This court finds it appropriate to exercise its inherent powers to order that the appellant would be released from custody forthwith and the Superintendent of Police shall ensure that after his release from the jail, the appellant is put in possession of his house from where he was taken in custody.' In June 2016, the man told the trial court that the passage to his house had been closed, and his father was being threatened to be killed. He told the court that he belonged to a poor family and he requested that a case be registered against those who were harassing his father and who had implicated him in the case. The high court noted in its order, 'Keeping in view the nature of allegations, the finding recorded in the medico-legal examination report that there was no evidence of recent sexual penetration, cannot be brushed aside.' 'When a 45-year-old person is accused of raping his minor cousin, the allegations are not supported by the findings of the medico-legal examination report and the prosecution relies upon oral evidence of the victim, her father and mother only and no independent witness is examined, although it is said that several neighbors had gathered at the time of the incident, it becomes necessary to scrutinise the oral evidence carefully,' it added. The court said, 'The aforesaid facts indicate that the appellant has been falsely implicated by the informant and the police in the present case.'
News18
8 hours ago
- News18
SC Acquits Death Row Convict, Issues Comprehensive Directions On Handling DNA Evidence
The SC found grave lapses in the investigation, particularly in the handling of DNA evidence, the conduct of post-mortem examinations, and test identification parade The Supreme Court on Tuesday granted a 'clean acquittal" to a man who had been sentenced to death for the alleged murder and rape of a young couple in Tamil Nadu's Theni district in 2011. The Court found grave lapses in the investigation, particularly in the handling of DNA evidence, the conduct of post-mortem examinations, and the test identification parade, which had led to the conviction based entirely on circumstantial evidence. Allowing the appeal filed by the appellant, Kattavellai alias Devakar, a three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta held that the prosecution had failed to establish a chain of circumstantial evidence pointing solely to the guilt of the accused, ruling out his innocence or the involvement of any other person. 'The chain of circumstances fails to form a singular hypothesis pointing to the accused," the Court said, directing his immediate release. The bench also issued far-reaching directions pertaining to the handling, preservation, and documentation of DNA evidence across jurisdictions in the country, while urging the legislature to consider framing statutory guidelines for awarding compensation in cases of wrongful prosecution. The judgment arose out of an appeal challenging the March 13, 2019 decision of the Madras High Court, which had upheld the conviction and death sentence imposed by the Principal District and Sessions Judge, Theni, under Sections 302, 376, and 397 of the Indian Penal Code. As per the prosecution's case, the appellant allegedly murdered Ezhil Muthalvan and his girlfriend at Suruli Falls on May 14, 2011, with the motive of committing robbery. The prosecution relied on circumstantial evidence, including last seen theory, arrest, confession, recovery, and alleged motive. However, the apex court expressed serious concern over the investigative lapses, observing, 'A common thread that runs through the proceedings culminating in the conviction is that of a faulty investigation." It noted with dismay that the post-mortem was conducted at the crime scene itself, without due regard to the risk of contamination or the impact of conducting such an examination in the open. Despite this, the courts below did not find the procedure objectionable. On the DNA evidence, the Court noted that it had been rendered unusable due to a combination of factors, including inordinate delay, broken chain of custody, and the high likelihood of contamination. The bench expressed concern over the absence of a standard protocol for the collection, preservation, and presentation of DNA evidence, which could compromise the integrity of trials across the country. To address this systemic lacunae, the Court issued detailed directions. It mandated that upon collection of DNA samples, all procedures must be strictly followed, including proper packaging with labels specifying FIR number, statute involved, name of Investigating Officer, and relevant serial numbers. The documentation must be signed by the medical officer, the investigating officer, and, where possible, independent witnesses. Where independent witnesses are unavailable, reasons for their absence must be recorded. The investigating officer shall also be responsible for ensuring safe and timely transportation of DNA samples to the forensic laboratory within 48 hours of collection. Any delay beyond this time frame must be explained in the case diary, and samples must be preserved as per protocol corresponding to their nature. The Court also directed that DNA packages shall not be opened or resealed without prior approval of the Trial Court, which must act upon the advice of a qualified medical expert, confirming that the integrity of the evidence would remain unaffected. Further, a Chain of Custody Register is to be maintained from the time of collection until the conclusion of trial or appeal, documenting each movement of the evidence with reasons and counter-signatures. This register is to be appended to the Trial Court record. Directing institutional reform, the bench asked the Directors General of Police in all States to design standardised forms for documentation and ensure their dissemination across districts. It also called upon all State Police Academies to explore the need for dedicated training modules to equip investigating officers with requisite procedural knowledge. The Supreme Court Registry has been directed to circulate this judgment to all High Courts and State Police Chiefs for compliance and necessary follow-up. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Indian Express
11 hours ago
- Indian Express
Bombay HC refuses bail to temple priest accused of sexually abusing boy, cites CCTV video, his social standing, evidence tampering risk
The Bombay High Court on Monday rejected the bail plea of a priest accused of sexually assaulting a minor boy on the premises of a temple in Maharashtra's Thane district in October 2020, stating that he might 'use his social standing to influence the victim child and his family members'. Referring to the temple priest's 'position of authority and influence in the local community', a single-judge bench of Justice Amit Borkar observed, 'The victim, being a minor child, is particularly vulnerable to such influence, and any attempt to tamper with his testimony could seriously prejudice the prosecution case and defeat the ends of justice.' The court observed that the prosecution provided 'substantial evidence' in the form of CCTV footage that allegedly captured the entire incident as narrated by the child. As per the prosecution's case, on the evening of October 26, 2020, the priest took advantage of the minor boy by offering him Rs 40 and allegedly sexually abused him, with his acts captured on a CCTV camera installed on the temple premises. The accused was arrested the next day, and a chargesheet was filed on December 6, 2020. He was booked under section 377 (unnatural offences) of the Indian Penal Code and provisions of the Protection of Children from Sexual Offences (Pocso) Act. Advocate Ashok Dubey, appearing for the priest, argued that his client had undergone prolonged incarceration of over four and a half years without the trial being completed. Dubey added that while the high court in November 2023 rejected an earlier bail plea with liberty to apply again after the trial court records evidence of the child witness, it had not been recorded for over six months, leading to a delay in trial proceedings. Additional Public Prosecutor Mahalakshmi Ganapathy, appearing for the Thane police, and advocate Sagar A Rane, representing the minor boy, opposed the bail plea citing 'strong CCTV evidence'. The lawyers said there was a likelihood that the priest might try to influence the victim child and his family, jeopardising fair trial. Justice Borkar, after perusing the submissions, noted that in Pocso cases, the courts are required to be cautious as the offences involve 'the safety and protection of children, who are the most vulnerable members of society'. 'The strong evidence in the form of CCTV footage, the serious nature of the offences involving sexual abuse of a minor child, the significant risk of tampering with evidence or influencing witnesses due to the accused's position as temple priest, and the need to ensure protection of the victim child, all militate against the grant of bail,' the court held. However, the high court directed the trial court to complete the examination of witnesses within six months and conduct the trial without unnecessary adjournments. The court also granted liberty to the priest to apply afresh for bail if the trial is not completed within six months.
NDTV
14 hours ago
- NDTV
Pune Porsche Case: Drunk Teen Escapes Adult Trial. What Happened In Court?
New Delhi: The main accused in the Pune Porsche crash case - 17 years old and drunk when he rammed his father's Rs 2.5 crore electric supercar into a motorcyle, and killed two people, last year - escaped trial as an adult because the charges he faces do not attract minimum jail terms of seven years or more. That, the Juvenile Justice Board ruled Tuesday, is the threshold beyond which a minor - a 'Child in Conflict with the Law' - can be accused of committing a "heinous offence" and be tried as an adult. The boy - the son of a prominent Pune realtor who was also arrested, as was the boy's mother, for tampering with evidence - was booked under multiple sections of the Indian Penal Code. These include Section 304 (culpable homicide not amounting to murder), and also faces charges under the Prevention of Corruption Act and sections of the Motor Vehicles Act. However, the Board concluded that none of these charges, individually or collectively, fulfill the critera to declare his crimes a "heinous" offence under the Juvenile Justice Act, and said "... the preliminary assessment under Section 15 - for declaring the child to be tried as an adult - is not maintainable". What The Prosecution Said Special Public Prosecutor Shishir Hiray pointed to the gruesome nature of the incident - the boy drove the supercar at nearly 180 km per hour into the two-wheeler - and argued he (and his family) knew the consequences since they influenced the police and tampered with evidence. The Porsche electric supercar driven by the teen belonged to his father. These acts, he said, displayed "maturity" and "criminal intent", and attempts to manipulate the legal system. A "strong message" should be sent to others contemplating similar actions, he argued.. What The Defence Said Appearing for the minor, Prashant Patil pointed to the Supreme Court's ruling in a 2020 case that specified the seven-year jail term threshold to identify "heinous" crimes. Since none of the charges invoked in this case prescribe that level of punishment, the offences fall under the "serious" category, under which a minor accused cannot be seen as an adult. Mr Patil also pointed out the focus of the Juvenile Justice Act is reformative and not punitive, and that psychological assessments showed no signs of criminal tendencies in the boy. He said pushing the accused into the the adult criminal justice system would risk permanently damaging any prospects for his rehabilitation. What The Juvenile Board Said The Board - which came under heavy fire last year after giving the boy bail within 15 hours of the accident, on conditions as flimsy as ' write a 300-word essay on road accidents ' - acknowledged Mr Patil's argument and the precedent set by the Supreme Court in refusing the prosecution. What Next In Pune Porsche Case The accused will continue, for now, to be treated as a minor. CCTV footage from a Pune bar showed the minor accused drinking alcohol. However, sources told NDTV the prosecution will pursue this point and is likely to challenge the Board's order in a higher court, possibly the Bombay High Court. What Crash Victims' Family Said Meanwhile, Suresh Koshta, the father of Ashwini Koshta, one of the two people killed told NDTV the decision was another example of how money and power subvert the delivery of justice. "(From the) beginning the whole country pointed fingers at the functioning of the Juvenile Justice Board. A person who was drinking... driving a car... how can he be considered a 'juvenile'?" READ | "Rich People": Pune Porsche Victim's Father On Accused's 'Juvenile' Tag "I think there should have been no question about treating him as an adult," he said. Om Prakash Awadhiya, the father of Aneesh Awadhiya, the other person who was killed, said "it (the Board's questionable decision) was clear from the beginning what we would get". "This entire year has been painful for me, my wife, and our whole family. Not a single day goes by without us remembering him and cherishing his beautiful memories. After Anish's tragic death, our world has come crashing down," Mr Awadhiya, who lives in Madhya Pradesh, said. Pune Porsche Car Crash Case The main accused - the 17-year-old boy - out 'celebrating' exam results by heavy underage drinking at a city bar. He reportedly ran up a bill of Rs 48,000 in just 90 minutes. The bar has since been shut down and its owners and staff also arrested. At the time of the incident the boy was four months short of the legal age for driving and eight years shy of Maharashtra's legal drinking age, which is 25. The police's handling of the case has also been questioned; the first cops on the scene have been accused of deliberately mishandling critical evidence to ensure the boy's release. READ | Big Twist In Pune Porsche Crash: Cops To Probe Cops In Burger Row This included feeding him burgers after the crash to hide or dilute the alcohol in his bloodstream. They reportedly also did not alert their superiors, as required by law. There were also questions asked of the medical professionals involved, including doctors tasked with extracting and securing samples from the accused to test for blood alcohol levels. It transpired the samples had been replaced with those of his mother - who was arrested and then released in April - in a crude attempt to conceal the fact he was driving while drunk. Who Is In Jail, Who Is Not At present the boy's father, doctors Ajay Taware and Shrihari Halnor, hospital employee Atul Ghatkamble, and two middlemen are in jail in connection with this case. The boy remains with his family.
