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Time of India
6 days ago
- Time of India
HC upholds 20-year RI of two youths for minor's gang rape
Raipur: The Chhattisgarh High Court upheld the conviction of two youths in a gang rape case under the Protection of Children from Sexual Offences (POCSO) Act. The two were sentenced to 20 years of rigorous imprisonment by a special judge ( POCSO Act ) in Bilaspur on Feb 19, 2021. The special judge convicted the accused and sentenced them to 20 years of RI under Section 376D of IPC, one year of RI under Section 323 with Section 34 of the IPC, and two years of RI under Section 506 of the IPC. All sentences were directed to run concurrently. A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted, "In evaluating the testimony of a survivor of a sexual offence, the court's approach is nuanced, recognising the inherent trauma and potential inconsistencies in the survivor's account. The court does not require an exacting or flawless recounting of the incident. Rather, it focuses on permitting the survivor to share her narrative to the best of her ability, based on her recollection of events, within the bounds of reasonable possibility. " The incident occurred around 8 p.m. on the night of Nov 18, 2017, in a village in Bilaspur district, when the survivor—a minor studying in Class 8—was at home with her elder sister and brothers. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is this legal? Access all TV channels without a subscription! Techno Mag Learn More Undo Her parents went to a brick kiln in Uttar Pradesh for work. The survivor told the court that when she went to the toilet in courtyard, the accused—who were 19 and 20 years old at the time—gagged her, tied her hands and legs, and took turns raping her. They also beat her and threatened her with a knife. Hearing noises from the toilet, the survivor's elder sister and brother raised an alarm, prompting the accused to flee. The survivor immediately informed her siblings and a neighbour about the incident & a report was lodged at Malhar police post. The case was later transferred to Masturi police station, where a chargesheet was filed. In its judgment, the High Court noted that the survivor's age at the time of the incident—16 years, 7 months, and 15 days—fell within the definition of a "child" under the POCSO Act. The court stated that the survivor's testimony was corroborated by her siblings, who were present at the scene, and a medical report that confirmed forceful sexual intercourse and related injuries. Dismissing the appeal, the court held that the prosecution successfully proved its case beyond reasonable doubt. It also observed that in cases of sexual assault, the survivor's testimony carries substantial weight and does not necessarily require corroboration. The court remarked that a rapist degrades the very soul of the survivor and emphasised that such cases must be handled with utmost sensitivity. The sentences for the other offences under Sections 323/34 (voluntarily causing hurt) and 506(b) (criminal intimidation) of the IPC were also upheld. Get the latest lifestyle updates on Times of India, along with Friendship Day wishes , messages and quotes !


Time of India
31-07-2025
- Business
- Time of India
HC upholds order quashing recovery from Class III employees; directs state to refund with interest
Representative Image RAIPUR: The Chhattisgarh high court on Wednesday dismissed a writ appeal filed by the State, upholding a single-judge bench's order that had quashed a recovery notice issued to 26 Class III employees for alleged excess payment during their service tenure. The High Court also directed the State to refund the recovered amount with 6% interest per annum if the refund was delayed beyond three months from the original order date. A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru heard the appeal filed by the State of Chhattisgarh and other police authorities against the order passed by a single-judge bench on 29 January 2025. The case involves 26 Class III employees, including Divya Kumar Sahu, Neeran Lal, and others, all residing at the STF Headquarter in Baghera, Durg. They had challenged a recovery notice dated 10 October 2019, which sought to recover excess payments made due to incorrect pay fixation. Earlier, on 27 November 2019, the single-judge bench had issued an interim order staying the recovery notice. Despite this, the State proceeded with the recovery of the amount from the employees. On 29 January 2025, the single-judge bench allowed the writ petition and instructed the State to refund the recovered amount within three months, with 6% interest if the deadline was missed. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Up to 70% off | Libas Purple Days Sale Libas Undo Yashwant Singh Thakur, Additional Advocate General for the State, argued that while the State was ready to refund the recovered amount, the payment of interest would impose a significant financial burden. Abhishek Pandey, counsel for the employees, submitted that the appellants had recovered the amount despite an interim stay order. He argued that the employees were entitled to the recovered amount along with 6% interest as ordered by the single-judge bench. After reviewing the arguments and documents, the High Court observed that the petitioners were Class III employees and that, as per a Supreme Court decision in State of Punjab & Ors Vs. Rafiq Masih (White Washer) & Ors, recovery from such employees is not permissible. The bench found no illegality or infirmity in the single-judge's order. It noted that the State had recovered the amount despite an interim stay and had not refunded it within the stipulated three-month period. The writ appeal was therefore dismissed, with no order on costs.


Time of India
24-07-2025
- Business
- Time of India
HC upholds ED's provisional attachment of properties linked to multi-cr coal levy scam
R aipur: The Chhattisgarh High Court dismissed multiple petitions challenging the ED's provisional attachment of properties linked to the alleged multi-crore coal levy scam. The attached assets belonged to a former Officer on Special Duty to the then Chief minister, an IAS officer, and several businessmen arrested in the case. A Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru upheld the ED's action, ruling that in money laundering cases, a presumption of a link between attached properties and proceeds of crime is valid in the absence of verifiable legal income. The bench stated that enforcement authorities are not required to produce direct evidence of such linkage, given the complex nature of financial transactions involved. The court found the ED's material—comprising financial analyses, timelines of property acquisition, and lack of legitimate income—sufficient to establish a prima facie nexus. It observed that the Provisional Attachment Order (PAO) was consistent with the legal framework under the Prevention of Money Laundering Act (PMLA) and noted that the appellants failed to rebut the statutory presumption under Section 24 of the Act. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top 15 Most Beautiful Women in the World Undo The bench also concurred with the findings of the Appellate Tribunal and concluded that no substantial question of law arose in the matter. The ED Raipur provisionally attached more than 100 movable and immovable properties—bank balances, vehicles, cash, jewellery, and land—belonging to businessman Suryakant Tiwari, his brother, and others, including Saumya Chaurasia, her brother Anurag Chaurasia, their mother, and IAS officer Sameer Vishnoi. Petitions challenging the attachments were filed by KJSL Coal Power and Indramani Minerals through their legal representatives. Special Public Prosecutor Dr Saurabh Kumar Pande represented the ED. The High Court earlier reserved its verdict after detailed hearings on 10 separate petitions and pronounced its judgment on Wednesday. The Appellate Tribunal previously upheld the ED's action, rejecting all appeals against a common order in the high-profile money laundering case. It emphasised that in such cases, direct proof of proceeds of crime (PoC) is not always required due to the indirect and layered nature of financial operations. Suryakant, based in Raipur, was named the alleged mastermind behind a syndicate involved in large-scale extortion. Central Board of Direct Taxes (CBDT) memorandum dated Sept 13, 2022—based on a DGIT (Investigation), Bhopal, report—flagged the matter for ED inquiry under Section 3 of the PMLA. The syndicate allegedly levied an illegal charge of Rs 25 per tonne for coal transport in Chhattisgarh, involving state mining and district officials. Tiwari was reportedly aided by govt functionaries including Saumya Chaurasia, former Deputy Secretary in CM's Office, and IAS officer Sameer Vishnoi. During the hearing, Dr Pande submitted that multiple witnesses deposed under Section 50 of the PMLA, stating that delivery orders (DOs) were issued only after a Rs 25 per tonne cash deposit. Vishnoi allegedly received approximately Rs 10.42 crore in kickbacks for switching from online to offline DOs. The money was said to be invested in companies purchased in the name of his wife. The ED also recovered Rs 22 lakh in cash from Vishnoi, which he could not satisfactorily account for, and found no credible source of income to justify the acquisition of the firms. The High Court dismissed the appeals as meritless, aligning with the conclusions of the Adjudicating Authority and the Appellate Tribunal. However, the appellants retain the right to seek remedies under Section 8(8) of the PMLA.


News18
23-07-2025
- News18
‘Spoiled Rich Kids': Chhattisgarh HC Pulls Up State Govt, Police Over Highway Blockage For Reels
Taking suo motu cognisance of the event, the court directed the chief secretary of the state government to file his personal affidavit in the matter The Chhattisgarh High Court has come down heavily on the state police for what it termed a 'disappointing" and lenient response to an incident where a group of affluent youths turned a national highway into a stunt set for social media content. Taking suo motu cognisance of the event, a division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru directed the chief secretary of the state government to file his personal affidavit in the matter. The issue relates to a viral video that surfaced on social media, showing six high-end Toyota Fortuner SUVs parked across the Ratanpur National Highway, their occupants filming stunt reels with bright lights and professional videographers. The incident, which was widely reported in the Hindi daily Haribhoomi on July 20, caused a traffic jam and inconvenience to commuters. One of the reels was reportedly posted by Vedant Sharma, son of influential figure Vinay Sharma. Despite the clear disruption and road safety hazards, police reportedly imposed only a Rs 2,000 fine per vehicle, without registering any case under the Bharatiya Nyaya Sanhita, the Motor Vehicles Act, or the National Highways Act. The court found this response insufficient, particularly in light of the social status of the offenders. 'Time and again, mischief on public roads is committed not just by the uneducated but also by those from well-to-do and educated backgrounds. The indifference of the police, especially when the accused are privileged, sends a dangerous message," the bench remarked, calling out the authorities' failure to take 'stern action". The court also recalled a similar recent episode involving the wife of a deputy superintendent of police, which it had taken seriously and flagged for top-level review. In this latest case, the judges noted that the police neither seized the vehicles nor acted under appropriate penal laws, despite clear grounds to do so. Commenting on the apparent reluctance to act against 'spoiled rich kids," the court warned that such helplessness on the part of the police could foster lawlessness. The case will now be heard next on August 7. view comments First Published: July 23, 2025, 20:32 IST 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.


Time of India
14-07-2025
- Time of India
HC upholds conviction of 9 gang-rape accused in atrocities case
Raipur: The Chhattisgarh High Court upheld the conviction and sentences of nine accused in a gang rape case from Balodabazar-Bhatapara district. A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed four criminal appeals filed by the accused, affirming the decision of the Special Judge (Atrocities) Balodabazar. The court observed, "Where a victim is raped by one or more persons forming a group or acting in furtherance of a common intention, each member of such group shall be deemed to have committed the offence of rape, in accordance with the principles of joint liability and common intention as defined under the applicable laws." The court confirmed that both victims were below 18 years of age at the time of the incident and belonged to the Scheduled Caste community, as stated in their depositions. The court observed that the victims concealed the incident for two months due to death threats, which deeply impacted them. The case, registered as Special Case (Atrocities), involves the gang rape of two minor victims in May 2020. The high court noted that the appeals, filed under Section 374(2) of the CrPC, were heard together and disposed of by a common judgment. According to the prosecution, the incident took place on the night of 30 May 2020. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cách giao dịch ETH/USD mà không cần nắm giữ Ether IC Markets Tìm hiểu thêm Undo The victims received a call from one of the accused, who, along with another accused, forced them onto a motorcycle and took them to a house in a village. They were later taken to a cremation ground. While returning, their motorcycle was intercepted near the gate by six other accused, along with two juvenile delinquents. The accused forcibly pulled the victims off the motorcycle and gang-raped them. One of the accused recorded a video of the act on his mobile. The accused threatened the victims with death and viral dissemination of the video if they reported the incident. Due to fear, the girls initially didn't speak out. Later, an accused obtained the video and began harassing the victims and their father, demanding sexual favours and threatening to circulate the video. On 28 July 2020, this accused issued an ultimatum to the victims, prompting them to finally disclose the incident to their parents. The judgment cited established legal principles regarding the testimony of sexual assault victims, emphasising that their evidence is entitled to great weight and does not always require corroboration, particularly in a society where victims are often reluctant to report such crimes. Three of the appellants, who were on bail, had their bail bonds cancelled and sureties discharged. They were directed to surrender to the trial court immediately to serve their sentences.