Latest news with #Prosecution
NDTV
a day ago
- NDTV
Delhi Court Acquits Army Official Accused Of Raping Advocate
New Delhi: Delhi's Dwarka Court recently acquitted an army colonel and his friend accused of raping an advocate noting the delay in FIR and contradications in the testimony of victim and absence of corroborative forensic or medical evidence to prove the allegations. While acquitting the accused persons, the Additional Sessions Judge (ASJ) Gagandeep Jindal noted the contradictions and inconsistencies in the complainant's testimony. An FIR was lodged at Dwarka 23 Police Station against army officer under Sections 376 (2) (n) (repeated rape) by administering sedative laced drink and criminal intimidation. Police booked both accused for the offence of gang rape under Section 376 D (gang rape) IPC. The court highlighted contradictions and inconsistencies in the complainant's testimony, no forensic or medical evidence to prove the allegations against the accused, and an unexplained delay in reporting the matter to police. "Therefore, keeping in view, all the facts and circumstances of the case, the solitary, uncorroborated and unreliable testimony of the complainant cannot be taken as a gospel truth on its face value in absence of corroboration from any other independent cogent evidence," the court observed in the judgement of May 30. The court held, "Thus, this court is of the considered opinion that Prosecution has failed to prove its case against the accused beyond a reasonable doubt." Consequently, both accused are acquitted of the offence alleged against them, the court ordered. As per the prosecution the first incident of rape took place on October 28, 2016 in Delhi and last incident occurred in August 2021 in Chandigarh. She reported the matter to the police in November 2021. The prosecution said that accused colonel raped the prosecutrix by threatening her to viral an obscene video of her. While acquitting the accused, the court said no such video was found on the mobile during the investigation. Any such video was not found in the forensic examination. "The complainant is an advocate by profession. Therefore, it cannot be said that she was not aware of her legal rights. It is hard to believe that she continued to be a victim of circumstances for five years and simultaneously continued to provide legal advice to the accused," the court said in the judgment. While acquitting the accused, the court said that framing the accused over a dispute over the fee cannot be ruled out. The victim alleged it the accused made a video of her during her rape in semi unconscious stage and thereafter he used to blackmail her on the basis of this video.
Malay Mail
3 days ago
- General
- Malay Mail
Prosecution: Muhyiddin's sedition trial doesn't warrant Federal Court review, trial judge can decide
KUALA LUMPUR, June 4 — The prosecution contends that the sedition case involving former Prime Minister Tan Sri Muhyiddin Yassin does not involve complex or extraordinary questions of law. In an affidavit responding to Muhyiddin's application to refer legal questions related to the Sedition Act 1948 to the Federal Court, the prosecution, as the respondent, stated that various legal issues concerning provisions of the Federal Constitution and the Act have already been decided by higher courts. Deputy Public Prosecutor Datuk Razali Che Ani, in the affidavit, said the issue raised regarding a speech or discussion allegedly falling under Clause 43(2)(a) of the Federal Constitution, read together with Section 3(2) and Section 3(3) of the Sedition Act 1948, is a matter of defence. 'This issue can be raised by Muhyiddin during the trial and should be decided by the presiding judge after all the respondent's witnesses (prosecution) have testified,' he said in the affidavit. Razali further stated that the issue is academic as the trial has not yet started, and no evidence has been presented for the court's consideration. He said the prosecution and evidence process for offences under the Act are conducted in accordance with the country's criminal law principles and comply with the Federal Constitution. 'It is not in the interest of justice to refer this case to the Federal Court. Therefore, I request that the applicant's (Muhyiddin's) notice of motion be dismissed,' he said. During today's proceedings, High Court Judge Datuk Muhammad Jamil Hussin set August 28 for the hearing of Muhyiddin's application to refer legal questions related to the Sedition Act 1948 to the Federal Court. The date was fixed during a case management session attended by Muhyiddin's lawyer, Joshua Tay, and Deputy Public Prosecutor Datuk Razali Che Ani. On April 4, Muhyiddin, 77, filed an application to refer a question of law regarding the Sedition Act 1948 to the Federal Court to challenge the validity of certain provisions in the Act. He had previously pleaded not guilty to a charge of making seditious remarks while campaigning in conjunction with the Nenggiri state by-election at Dewan Semai Bakti Felda Perasu, between 10.30pm and 11.50pm on August 14, 2024. The alleged seditious remarks concerned his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister following the 15th General Election, despite allegedly having the support of 115 out of 222 members of parliament at that time. He is charged under Section 4(1)(b) of the Sedition Act 1948, which is punishable under Subsection 4(1) of the same Act with a maximum fine of RM5,000 or a maximum imprisonment of three years, or both if convicted. — Bernama
New Indian Express
28-05-2025
- New Indian Express
Can't clap with single hand: SC gives interim bail to 23-year-old influencer in rape case
NEW DELHI: The Supreme Court on Wednesday in its order granted interim bail to a 23-year-old accused of raping a 40-year-old woman. Noting that the 40-year-old woman was "not a baby" and "a single hand can't clap", the Supreme Court on Wednesday granted interim bail after observing that the charges had not been framed even though he has been in jail for nine months. "On what basis have you (Prosecution and Delhi police) filed the case under Section 376 (Rape) of the Indian Penal Code (IPC). She is not a baby. The woman is 40 years old. They have gone together to Jammu. Why have you invoked section 376? This lady goes to Jammu seven times and the husband is not bothered," observed a bench of the top court, led by Justice B V Nagarathna and Justice Satish Chandra Sharma.
Fox News
24-05-2025
- Fox News
Diddy key witnesses could hurt prosecution's case despite explosive testimony: expert
During the first two weeks of Sean "Diddy" Combs' sex-trafficking trial, the jury heard from the rapper's ex-girlfriend Cassie Ventura, male escorts, ex-assistants and former Homeland Security Investigations (HSI) agents. The prosecution has roughly six weeks to prove Diddy helmed a criminal enterprise used to sexually exploit women, including Cassie. Authorities charged Diddy with multiple counts of racketeering conspiracy, sex trafficking by force, fraud or coercion and transporting for prostitution in 2024. "Week two of the Combs trial helped the prosecution corroborate Ventura's testimony through independent witnesses and establish the elements of sex trafficking and racketeering," former federal prosecutor Neama Rahmani told Fox News Digital. "The defense scored some points on cross-examination, but I think they're way behind." However, other experts noted the defense is doing a "great job" using the prosecution's witnesses to bolster their arguments during cross-examination. "The defense is doing a great job at exploiting witness testimony to support their theory of the case and show that while Mr. Combs may be a 'bad actor' when it comes to domestic violence, etc. — something no one is condoning — the federal charges are unsubstantiated based on the testimony we have heard to date, in my opinion," attorney David S. Seltzer told Fox News Digital. "While we cannot hear the testimony in real time because we are in Federal Court, I think the Government is not meeting their burden to date." Entertainment lawyer Tre Lovell noted that while the jury has heard "consistent" testimony from the witnesses, reasonable doubt "looms very heavy" after the first two weeks. "To date, we have heard consistent testimony from several of the witnesses that Diddy was violent with Cassie Ventura, was controlling over her, instructed what to do in the 'freak offs' and was a jealous boyfriend, but none of this is sufficient to justify a criminal enterprise or a pattern of criminal conduct," Lovell, of The Lovell Firm, explained. "Cassie's relationship can be as easily characterized as she was in love with Diddy, performed 'freak offs' because of her feelings for him and stayed with him for personal benefits such as furthering her career, developing connections, and being taken care of financially. Reasonable doubt looms very heavy in these first two weeks of trial. The prosecution will need to bring out additional victims that are not girlfriends of Diddy to separate a romantic, emotionally charged relationship from actual sex trafficking." "To date, we have heard consistent testimony from several of the witnesses that Diddy was violent with Cassie Ventura, was controlling over her, instructed what to do in the 'freak offs' and was a jealous boyfriend, but none of this is sufficient to justify a criminal enterprise or a pattern of criminal conduct." On Thursday, the jury heard from rapper Kid Cudi — who testified that he had a romantic relationship with Diddy's ex, Cassie, in 2011. Kid Cudi testified that when Diddy found out about the relationship, he broke into the musician's home and later allegedly set fire to his car. However, there was no definitive evidence to prove Kid Cudi's claims. "Ventura told Kid Cudi that Combs would hit and kick her, but Combs' lawyers elicited testimony that Cassie never said anything about sexual abuse, which is important," Rahmani, founder of West Coast Trial Lawyers, said. "Kid Cudi broke up with Ventura because Combs was violent, and he was concerned for his own safety. He also said Ventura was playing both him and Combs. That's a central theory for the defense: that Ventura is a strong, independent woman who made her own decisions, including willingly participating in the swingers lifestyle." "Reasonable doubt looms very heavy in these first two weeks of trial." While there were flaws in the prosecution's presentation of Kid Cudi's testimony, it was still "important because arson is an underlying crime for a RICO conspiracy," Rahmani explained. "That allows the prosecution to potentially get a racketeering conviction even if the jury believes the 'freak offs' were consensual and there was no sex trafficking," he added. "If the jury doesn't find trafficking, they can still convict on racketeering if they find that Combs engaged in kidnapping, arson, extortion or prostitution." Male exotic dancer Sharay Hayes, also known as The Punisher, testified to having sex with Cassie at the request of Diddy and said that the encounters were always consensual. He told the jury that he didn't get any cues of any discomfort from Cassie, and that if he had, he would have stopped. Diddy's defense lawyer doubled down, asking if Hayes ever did anything to Cassie that she didn't want. Hayes replied no. He claimed it was consensual. "The scenario I was there to create… was going well," he said during cross-examination. Hayes spoke to Fox News Digital about his "nerve-wracking" experience testifying in the rapper's trial. "Honestly, going into the courtroom… I thought I was prepared for it, but it was extremely nerve-wracking," he told Fox News Digital. "So I want to say, for almost the entire time of my testimony, I avoided eye contact. I avoided even looking in [Diddy's] direction. And then actually going into that environment, you can't really prepare yourself and I had no idea it was going to be that many people, that many rows and tables. So I wanna say, for about half of the testimony, I couldn't even locate where he was. It was a really intense atmosphere." WATCH: MALE ESCORT THE PUNISHER MADE DIRECT EYE CONTACT WITH DIDDY AFTER LEAVING COURT Hayes also admitted that he "never truly understood what part of my testimony was valuable" to the prosecution. "I really thought my testimony — because there was nothing negative, nothing whatever — I really thought it was something that the defense would benefit them," he said. "I'm not a legal analyst or anything, but sometimes I said, well, maybe the prosecution just wants to question me and have everything in case the defense calls me," Hayes added. "Because I really couldn't understand how I was significant to their case. But there's probably something there that I'm just unaware of." "I really couldn't understand how I was significant to their case. But there's probably something there that I'm just unaware of." According to Seltzer, The Punisher's testimony "did not help" the prosecution. "The government is trying to put the pieces together for a RICO charge, but so far the testimony of The Punisher and Kid Cudi did not help them," he told Fox News Digital. "The Punisher, I believe, bolstered the defense position that all the activities were consensual, and that Cassie was a willing participant, stating he observed Ventura 'sighing or wincing' at Combs' repeated directions, he interpreted it 'as frustration' with the situation rather than unwillingness to participate. Furthermore, stating he believed their experiences were 'completely natural.' Kid Cudi's recount of decade-old allegations also assisted the defense, which was supported by the Judge sustaining an objection by the defense when it came to a speculative statement that Mr. Combs committed burglary and/or arson." "The police in both those allegations could not connect Mr. Combs to the incidents, and the 'apology' by Mr. Combs years later, in my opinion, is not an admission to anything other than, sorry we had issues regarding Ms. Ventura," Seltzer added. "The government put on a Homeland Security agent to show all the items seized in Mr. Combs' house. That tactic is a continuation of the government trying to paint Mr. Combs as a bad actor, someone the jury can convict because he is devious and reprehensible, but the testimony of the drugs, firearms and baby oil still do not support the charges." Cassie Ventura's mother Regina Ventura and former best friend Kerry Morgan were both called to the stand by the prosecution to testify against Diddy. "Regina Ventura, Cassie's mom, testified for only 15 minutes, but it was some of the most impactful testimony of the trial," Rahmani explained. "Regina also took pictures of Cassie's bruises and they were shown to the jury. Combs was upset Cassie was in a relationship with Kid Cudi and Combs demanded that Cassie pay him $20,000. If Cassie refused, Combs said he would release two sex tapes of her and send someone to hurt her and Kid Cudi. Regina took out a home equity line to pay Combs the money. "This testimony proved coercion, which is an element of sex trafficking, and extortion, which is a RICO predicate act. It also corroborates Cassie's account that she was beaten and Combs used the freak off tapes as blackmail." Morgan, who claimed she saw Diddy become physically abusive with Cassie on a handful of occasions, was one of the "best witnesses so far," according to Rahmani. "She saw Combs punch and drag Ventura across the floor," he explained. "After the hotel attack, Combs came to Ventura's apartment and banged on the door with a hammer. Combs controlled every aspect of Ventura's life: her finances, her apartment, her car, and her career. This control explains the psychology of abuse and is evidence of coercion for the sex trafficking charges." The prosecution has also been presenting evidence of Diddy's alleged criminal enterprise with testimony in the past two weeks, according to Rahmani. "David James, Combs' former assistant, took the stand and told jurors that he got condoms, Astroglide and Percocet for Combs. This helps prove the criminal enterprise," he noted. "One of Combs' other assistants, George Kaplan, testified under a grant of immunity that he would pick up drugs for Combs and set up the hotel rooms with baby oil and Astroglide for the 'freak offs,' the attorney said. "He would also clean up the drugs and hotel rooms after the 'freak offs.' He also described a number of incidents where Combs was violent with Ventura: on his private jet with broken glass, and in his home with Ventura having bruising on her face. This was more evidence of the criminal enterprise, with Combs as the head." The jury has heard from at least one expert witness so far, Dr. Dawn Hughes. The clinical psychologist took the stand to provide "blind testimony" about why a person would stay in an abusive relationship. "The psychology expert was helpful to the prosecution in answering a lingering question that every juror most certainly has: if Cassie was being trafficked and forced to do all these horrific things, why did she stay? The lay person would probably assume she stayed because she had feelings despite Diddy's bad conduct," Lovell said. "The expert was able to provide an alternative reason emanating from abuse trauma where victims become controlled by the perpetrator and feel trapped and helpless." "She testified it was about the power and control abusers have over the victim, which were the very buzz words the prosecution needs for the sex trafficking charge," he added. "She was helpful to the prosecution, both for providing a reason for Cassie staying other than she loved Combs, as well as the force and coercion elements necessary for sex trafficking."
BBC News
13-05-2025
- Entertainment
- BBC News
Americast Introducing... Diddy On Trial
On the first day of Diddy's trial, jurors have watched a video showing him assaulting his former long-time partner, the singer Cassie. The prosecution's first witness, a former hotel security guard, says he was called on the night the CCTV video was filmed to help a "woman in distress", where he found Cassie sitting in the corner covering her face. Both the prosecution and defence gave their opening statements. The prosecution say Combs' behaviour was "coercive and criminal" and that he "had the power to ruin" his alleged victims' lives. The defence argues that while Diddy might have engaged in domestic violence, he is innocent of the sex trafficking and prostitution charges at the heart of this case. Warning: This episode contains descriptions of violence, sexual violence and graphic descriptions of sex. Sean 'Diddy' Combs is accused of sex trafficking, racketeering with conspiracy and transportation for prostitution. He denies the charges. Anoushka Mutanda-Dougherty speaks to the BBC's New York correspondent Nada Tawfik about the day in court. The Diddy on Trial podcast is here to investigate the rumours, confront the theories, and give you the answers that you need. We also want YOU to be part of the conversation. Have you any burning questions about the cases or the upcoming trial? Heard a theory that doesn't sit right with you? Get in touch now via WhatsApp: 0330 123 555 1. Presenter: Anoushka Mutanda-Dougherty Series Producer: Laura Jones Executive Producer: Neal Razzell Sound Design: Mark Burrows Senior Digital Producer: Matthew Pintus Video Producer: Daniel Raza Production Coordinator: Hattie Valentine Editor: Clare Fordham Commissioning Editor: Rhian Roberts Assistant Commissioner: Will Drysdale Commissioning Producer: Adam Eland Commissioning Assistant Producer: Rechmial Miller
