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Posts Tagged ‘case’

Girl repents filing Dowry case

Posted by iluvshrutiverma on January 4, 2010

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Orissa villagers file case for female monkey!

Posted by iluvshrutiverma on November 30, 2009

India has taken male torture to an altogether new height by extending the gender bias against males to animal species also:

Bhubaneshwar (Orissa), Nov 17 (ANI): In a bizarre development, residents of a village near Bhubaneshwar, Orissa, have filed a case against a male monkey for attempting to attack and kill a female monkey and its newborn.

The case was filed at a police station near the village.

Villagers said in their complaint that the male monkey- Raja had been consistently trying to attack the female monkey- Jhumri and its dear newborn at Astaranga.

Police have registered a case under three sections of the Indian Penal Code, which includes section 363 (kidnapping), 366 (abducting for slavery) and 507 (criminal intimidation by anonymous communication) and 511 (punishment for attempting to commit offences).

“If a female will place a complaint before me about her son going to be kidnapped or murdered by anyone, then a cognizable offence under section 366, 363, 507 and 511 of the Indian Penal Code will be registered. The accused and his associates would also be arrested and necessary police protection would be given,” said Jatindra Kumar Das, a police official.

According to the complaint filed before the Police, Raja had already killed its first child and was now hunting down its second baby as well. (ANI)

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A cop all over, cooks up evidence

Posted by iluvshrutiverma on November 21, 2009

Read about how police cooks evidence in false dowry harassment cases

Bengaluru, Nov. 20: When a city police inspector claims that he was in two different places at a given time on the same day, something seems to have gone terribly wrong.

The officer is A. Manjunath, currently serving as police inspector with city special branch. He was inspector at Yeshwanthpur police station when the incident happened in 2007.

According to the station diary, Manjunath was at the station and with an accused, writing a panchnama at the same time. On another day, he claims he was busy recording the statement of five witnesses, while his official papers say he was on leave, sanctioned by none other than his DGP!

The police also seems to have duped the court by submitting a dead man’s witness statement, which made the court even issue summons asking the deceased to be present for the hearing.

Mr R. Kumar (name changed) was accused of dowry harassment by his wife who visited the station on July 26, 2007. “She filed a complaint at 1.45 pm. Inspector Manjunath claims he visited my residence between 2 pm and four pm on the same day for panchanama. But his station diary shows he was present in the station till 4 pm”, claimed Kumar.

Again, Manjunath claims that he recorded the statements of five witnesses on July 30, 2007 including one of a doctor. “But his office files say he was in Mysore after getting two days’ leave, sanctioned by his DGP,” said Kumar.

More intriguing is the fact that one of the witnesses had died the previous day on July 29, after he spent more than 10 hours in coma. So how did the inspector took his statement?

According to R. Kumar, the trouble begun soon after his wife filed the dowry harassment complaint. “Just one month after our marriage, I realised that my wife was suffering from a sexually transmitted disease. On questioning her, she admitted to a premarital affair with another man” he said.

Later, she returned to her parents after a gynaecologist advised her treatment. “We mutually decided to go for a divorce and approached the family court in 2005. But I was shocked when she filed a dowry harassment complaint against me” said 32-year-old Kumar, a private company employee.

He also alleged that Manjunath not only detained him illegally for a day, but pestered him to shell out money to ‘settle the issue’.

“Dejected over the false allegations, my 62-year-old father attempted suicide by consuming poison. Instead of showing some mercy, the Yeshwanthapur police even threatened to arrest me”, says Kumar, who later approached Lokayukta with all the documents, which he obtained with the help of RTI. According to Kumar, Lokayukta asked the police officer about obtaining a dead man’s statement on which Manjunath claimed he took his statement on July 29, 2007, hours before he died. “Again his office records say he was on bundobust duty following a strike by KSRTC employees” said Kumar.

The investigating police officials have erred right from the FIR to the witness statement” claimed Kumar.

When contacted, Manjunath said the confusion over the date was because of a technical and manual error. “The computer operator wrongly entered the date as July 30 instead of July 29. In a hurry, I signed a letter dated July 30,” he said. He however refused to comment further on the issue.

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Conviction rate in dowry death cases

Posted by iluvshrutiverma on October 11, 2009

This post is for all those who are fighting false cases related to dowry death and harassment.

IPC 304-B (Dowry death) is a much more severe law as compared to IPC 498-A (Dowry harassment).

As per Times of India, the conviction rate in dowry death cases is 0.52%.,prtpage-1.cms

CHENNAI: Forty seven years after the demand for dowry was made illegal in the country, Tamil Nadu registered 194 cases of dowry deaths in 2008, according to data collected from the state crime records bureau (SCRB). While proof in the form of charred or partially burnt bodies was available for 57 of these cases, a majority of the other cases had bodily injuries and manifestations of other forms of cruelty as evidence. Till date, however, only one person has been convicted. This gives the state a conviction rate of 0.52%, which is just a shade better than the 0 % conviction rate registered for the year 2007.

Though KP Jain, director general of police, was unavailable for comment, legal and medical authorities ascribe the poor rate of conviction to a host of reasons shoddy investigation, hostile witnesses and multiple and often contradictory versions of the incident given by victims themselves moments before their death.

“Even though there is a proper legal procedure in place, majority of the fatal burns cases get registered or proven as accidental,” says Dr N Srinivasa Ragavan, professor of forensic medicine at government general hospital (GGH). Forensic experts in the city, in fact, say that this is the reason why only a small percentage of fatal burns cases get recorded as dowry deaths.

Statistics from the Kilpauk Medical College (KMC), centre for burns in Tamil Nadu, bear out their concern. For the year 2008 alone, the centre handled a whopping 1,277 cases of fatal burns, of which 68 % (869 ) were female victims. And these were cases from only Chennai city and adjoining districts like Thiruvallur, Kancheepuram and Chengalpattu. “Then how can only 57 cases be registered for an entire state of 31 districts?” says Ragavan. The concern over under-reporting of burns-related dowry deaths coupled with a poor rate of conviction looms heavily over the issue of dowry harassment and the status of women in the state.

Inside white-washed, disinfected rooms, cause of death in post-mortem reports of fatal burns cases read: shock, burns or complications arising from burns. If any of these cases involved the death of a woman married for not less than seven years, a complex legal procedure would follow.

According to Section 304 B of the Indian Penal Code, if the death of a woman who has been married for less than seven years is found to be caused by burns, bodily injury or any other unnatural circumstance, an inquest for dowry harassment has to be conducted by an executive magistrate or a revenue divisional officer. If the inquest establishes that the victim was subjected to dowry harassment before her death, then her demise is termed a dowry death and her in-laws and husband can be held liable. This apart, if a burns victim is in a critical state, a judicial magistrate can be called in to record her version of the incident as a dying declaration’, which can later be used as evidence during prosecution.

“To begin with, we know when a case of fatal burns is accidental, suicidal or homicidal by the distribution of burns suffered by the victim,” says Dr R Selvakumar, professor, forensic medicine, GGH. “There have been numerous instances when we have been told that the woman got burnt while cooking because the stove burst. If this is the case, then the woman should have suffered burns only on the front portions of her body. Her back would have been spared,” he explains. Moreover, if a woman has set herself on fire while standing, then her soles would still remain unaffected, he adds.

The low incidence in reporting fatal burns cases as dowry deaths is not just linked to shoddy investigation but also to attempts by victims and families to hush up the incident to save family honour.

“On numerous occasions, witnesses, usually family members, turn hostile,” says advocate cum human rights activist Sudha Ramalingam. “They don’t want to provide evidence against their own kin. At other times, relatives hush up the issue as they feel the child, which is already motherless, should not be made fatherless too,” she adds.

Another reason why a majority of fatal burns cases are dismissed off as accidental is due to the presence of multiple and contradictory dying declarations issued by victims themselves, which weaken chances of prosecution. Dr Ragavan recalls a 15-year-old case where the victim who admitted to being set fire by her mother-in-law to him, contradicted her own statement in the presence of the magistrate. “The woman had suffered third degree burns. But she didn’t want to go ahead with the complaint as she felt that if she did survive, she would have to live with the same family,” Ragavan says.

Opinions vary over how many fatal burns cases are genuine cases of dowry deaths across medical and investigative authorities. A senior professor with the forensic department says, “In my opinion, less than 5 % of fatal burns cases are caused by dowry harassment. Abetment of suicide forms another 50 % per cent. The rest of the cases are suicidal.” A statement concurred to by a high-ranking police officer who spoke on condition of anonymity.

“These days, men, women and children are driven to extreme action with the slightest of provocations,” the officer says. “The figures thrown up by the SCRB are in keeping with reality. People are socially-aware and it’s only in the rarest of rare cases that dowry harassment goes unreported.”

This year, between January 1 – 15, the corkboards at the four government hospitals registered 49 cases of fatal burns cases. With a conviction rate of 0.52%, only time will tell how many of these will emerge as genuine cases of dowry deaths.

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Women make money by threatening false cases

Posted by iluvshrutiverma on October 16, 2008

NEW DELHI: Two women were arrested in the national capital for allegedly extorting Rs 100 from a man after threatening to implicate him in a rape case, police said on Friday.

The women were caught following a complaint filed by one Nishant Gaur, a resident of Mansarovar Park, that he was threatened by three women who took the money from him.

The incident took place when Gaur stopped his motorcycle at Netaji Nagar on September 24, police said, adding that suddenly three women appeared on the scene and one of them sat on his vehicle. While the second woman stood in front of the vehicle, the third took the keys and demanded money threatening that they would raise alarm and implicate him in a rape case, they said.

Gaur gave Rs 100 and drove away from the scene to police station where he registered a complaint.

A police team accompanied Gaur to the spot and after sometime they found the women standing near the Netaji Nagar round-about waiting for another prey. After Gaur identified them, police managed to catch two.

A case has been registered and further investigations are on.

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