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Posts Tagged ‘rape’

Man in America free after 35 yrs in false rape case

Posted by iluvshrutiverma on December 17, 2009

Bartow, Florida (CNN) — After more than three decades in prison, a Florida man was set free Thursday after a DNA test showed he did not kidnap and rape a 9-year-old boy in 1974.

“I’m not angry,” James Bain, 54, told reporters after a brief hearing in Bartow, Florida.

Bain was 19 when he was convicted on charges of kidnapping, burglary and strong-arm rape. He received a life sentence. He’s going home for the first time in 35 years.

“I got God in my head,” said Bain, surrounded by supporters and wearing a T-shirt with “Not Guilty” across the front. “I knew one day he will reveal me.”

Of the 245 people in the United States whom DNA testing has exonerated, none has spent more time behind bars than Bain, according to the Innocence Project, a national organization dedicated to exonerating wrongfully convicted people through such testing.

In 2001, Florida passed a statute allowing cases to be reopened for DNA testing. Bain submitted handwritten motions four times seeking such testing but was denied each time. His fifth attempt was successful after an appeals court ruled he was entitled to a hearing.

Bain initially was expected to be freed with some conditions as the state wanted a further review of DNA test results. But the review was completed ahead of Thursday’s hearing.

Polk County State Attorney Jerry Hill told the judge that DNA testing had excluded Bain from the crime.

“He’s just not connected with this particular incident,” Hill said.

“Mr. Bain, I’m now signing the order, sir,” the judge said, referring to an order vacating the judgment and sentence.

“You are a free man. Congratulations,” he said, and the courtroom erupted into applause.

In 1974, the 9-year-old Lake Wales, Florida, victim had told police that his attacker had bushy sideburns and a mustache. After being shown five photos of potential suspects, the victim picked out one of Bain, the police report said.

The victim, now 44, lives in Florida and was made aware of Bain’s situation, according to multiple sources.

Speaking to reporters Thursday, Bain said he was going home with family. “I’m going to see my mom,” he said.

His mother, Sarah Reed, has been in and out of hospitals in recent years. She said she is putting her house and her car in her son’s name. “I want him to have something by himself. He’s suffered enough,” she said.

Asked about prison, Bain said, “So many things can happen to you at any time.” But now, “I guess I kind of feel like when they first landed on the moon. We have touchdown,” he said, laughing.

http://www.cnn.com/2009/CRIME/12/17/florida.dna.exoneration/index.html?eref=igoogle_cnn

http://wp.me/plC3a-ax

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Man in America spent 3 yr in jail on false rape complaint

Posted by iluvshrutiverma on December 11, 2009

Jail

NEW YORK — A New Jersey woman whose false story about a gang rape sent an innocent man to prison has pleaded guilty to perjury.

Biurny Peguero (BEE’-ur-nee pay-GEHR’-oh) told police she was kidnapped and raped at knifepoint in 2005 by three men, including William McCaffrey.

McCaffrey was convicted and sentenced to 20 years in prison. He served three years before Peguero admitted this spring she had lied. New tests showed DNA from a bite on her arm wasn’t from McCaffrey, and he was released in August.

Peguero pleaded guilty Monday in state Supreme Court in Manhattan. The married mother of two from Union City, N.J., faces a maximum seven years in prison when she’s sentenced in February.

She told authorities she lied because her friends weren’t sympathetic after her encounter with men who had frightened but not attacked her.

http://www.huffingtonpost.com/2009/12/08/biurny-peguero-rape-mccaf_n_383805.html

http://wp.me/plC3a-9Z

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Women not required to produce evidence

Posted by iluvshrutiverma on November 15, 2009

In keeping up with the sexist attitude of the country, the Delhi court has ruled that – Asking a girl for evidence is insulting her.

The basic principal on which the whole Indian society is based – Women never lie.

http://timesofindia.indiatimes.com/india/Rape-victims-testimony-sufficient-to-convict-accused-Court/articleshow/5232053.cms

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her

version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her
version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

 

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Women can never lie

Posted by iluvshrutiverma on November 4, 2009

Indian women are great. Only Indian men are bad. Here The Honorable Supreme Court is saying that a woman’s saying is itself an evidence enough to punish a man. India is great.

http://www.expressindia.com/news/fullstory.php?newsid=67832

Courts can convict a rape accused on the basis of the sole evidence given by a victim unless her testimony is proved to be infirm and not trustworthy, the Supreme Court has ruled.

“If the totality of circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence,” a bench of Justice Arijit Pasayat and Justice S H Kapadia said.

“It is a settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corroboration from any other evidence including the evidence of a doctor. In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix,” it said.

The court took into account the fact that “the Indian women have tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in few cases, the victim girl or the family members have the courage to go before the police station and lodge a case.”

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Wife declares husband Dead for Pension

Posted by iluvshrutiverma on December 31, 2008

Indian women are great – they can go to any extent for their selfish motives. Wife declares the husband dead for getting his pension money and now the husband is running arond courts to prove that he is alive!

‘Dead’ man in legal battle to prove he’s alive

30 Dec 2008, 1632 hrs IST, PTI

http://timesofindia .indiatimes. com/India/ Dead_man_ in_legal_ battle_to_ prove_hes_ alive/articlesho w/3913610. cms

KHARAR, PUNJAB: Sital Singh Bagi’s life sounds like a script of a Bollywood masala flick.

The 67-year-old ex-IAF man has been fighting a nine-year legal battle to prove that he is the “real” Sital Singh Bagi and not “dead” as his family had got him declared after he fled home allegedly to escape terrorists and did not surface for a decade.

A retired warrant officer of Indian Air Force (IAF), Bagi claimed he was settled with his family and owned a milk dairy in Delhi when three terrorists confronted him in December 1987 and asked him to join their group.

The terrorists threatened to kill him and a terrorized Bagi left his wife and four children at his ancestral house in Gurdittpura village in Patiala and fled, he claimed.

Bagi said he went to Orissa, where he spent 3-4 years, and then moved to Kolkata, before going to Dhaka in Bangladesh, where he became a priest at Gurdwara Nanak Shahi.

Bagi said he returned to his native place in December 1998 as he was “no longer afraid”, but his wife refused to recognize him and so did his children..

They also threatened him with “dire consequences” , if he again approached them, Bagi alleged.

He then went to the IAF authorities for release of his pension, but was shocked when he was told that his name was struck off the pension rolls and his wife was getting the pension after she produced a court decree declaring him dead.

Bagi moved a civil court in Rajpura in 1999 to get the decree declared null and void and for restoration of pension.

Though the court prevented Bagi’s wife from further withdrawing the family pension it reserved its order on the previous court decree pronounced in November 1996.

IAF officer incharge (Pensions) Wg Cdr P.R. Sudhakar said that Bagi had “reappeared” but his pension could not be restored till a decision on the civil suit comes.

In a statement filed before the court, the IAF officials had not disputed the identity of Bagi while Naseeb Kaur said that she cannot say that plaintiff is same Sital Singh with whom she got married.

Though Bagi’s claim was corroborated by Gurdittpura village sarpanch Mohan Singh and two other villagers in court, Bagi’s wife and children have yet to conclude their evidence.

Bagi’s counsel Rajinder Singh Raju said the case is in advanced stage and February 15 has been fixed as next date of hearing. “We have produced documentary and physical evidence beyond any doubt to prove that Bagi is alive,” Raju said.

Bagi also filed a complaint before Patiala police in July 2008 against his wife and sons seeking criminal action but the police asked him to pursue his case in the court.

Left with no source of income or shelter, Bagi is now being taken care of by one of his old service mates in Chamkaur Sahib, near Ropar.

“I procured evidence of several of my service colleagues and native village head, but I’m still waiting for the court order,” he rued.

However, Naseeb says, “I got married to Sital Singh and two sons were born from our wedlock but I cannot say this man is my husband or not.”

“My husband disappeared in 1987. I lodged his missing report with the police and after he failed to appear, I got a police investigation report certifying that he could not be traced despite their best efforts.”

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Aamir Khan starrer Ghajini creates problems for married men

Posted by iluvshrutiverma on December 31, 2008

Aamir Khan starrer Ghajini is creating problems for married men. Wives are getting ever-new ideas to control their husbands……

new-gajini1

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Do people get justice in courts?

Posted by iluvshrutiverma on December 30, 2008

With 2.94 crore cases pending in the Indian courts, can people really expect to get a justice during their lifetime?

12/29/2008
http://www.indlawnews.com/Newsdisplay.aspx?b294f581 -f66f-459c-affb-c0518a3caf82

Supreme Court Judge S B Sinha said as many as 2.94 crore cases, including petty cases, were pending with the court till date.

Addressing a two-day inauguration meeting on the legal awareness programme on mediation, human rights and social development for judicial officers organised by A P State Legal Services Authority, Chittoor district Legal Services Authority in collaboration with the Department of Human Rights and Social Development (S V University),
the Justice said all the pending cases will be disposed by 2020 and the awareness training attended by judges from Andhra Pradesh will be useful to settle the cases early at regional level instead of the Supreme Court.

There is no civil courts in America and having only criminal courts but whereas 70 per cent of the cases belongs to civil and remaining 30 per cent are criminal and others are registering at various courts in the country while some of the cases including family cases can be settled at their village level itself with the assistance of police, he added.

All necessary steps have been taken to settle the cases through mobile courts in Andhra Pradesh, Andhra Pradesh High Court Chief Justice Anil Ramesh Dave said .

Among those who participated in the inaugural meeting were Andhra Pradesh High Court Judge and Chairperson of A P State Legal Services Authority Justice Meenakumari, APHLSC Chairman Justice D S R Varma and all District Judges of Andhra Pradesh.

UNI

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Girl kills boyfriend with help of new boyfriend

Posted by iluvshrutiverma on December 29, 2008

These are the women we call ‘Abla Nari’ in my country – who go around killing their old boyfriends with the help of new ones….

Dehradun: An army official was stabbed to death allegedly by his former girlfriend and her companion at the hill resort of Mussoorie in Uttarakhand, the police said on Sunday.

Two persons — Aparna Shahi and her boyfriend Ankit Thakur — have been arrested for stabbing to death Sunder Swaroop Sharma, a Warrant Officer in the Indian Army. The murder came to light when the police discovered the blood-stained body of Sharma on Saturday at Hathipaon area of Mussoorie. On investigations, it was found that Sharma was having an alleged affair with Aparna, a student of a polytechnic college in Dehra Dun. When Aparna was grilled, she revealed that she along with her new boyfriend Ankit killed Sharma and threw the body into a gorge. She said Sharma was allegedly harassing her after she snapped relations with him last year. When the harassment continued, both Ankit and Aparna invited Sharma to Mussoorie where they killed the official with a khukhri, police said. The two would be produced before a district court for police remand on Monday. PTI

http://epaper.dnaindia.com/dnabangalore/newsview.aspx?eddate=12/29/2008&pageno=15&edition=9&prntid=572&bxid=27958344&pgno=15

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Domestic violence claims men too

Posted by iluvshrutiverma on December 24, 2008

And they call it a man’s world? Indian men are victims of domestic violence too but can not even come out in open and cry like women do!

http://timesofindia .indiatimes. com/Bangalore/ Domestic_ violence_ claims_men_ too/articleshow/ 3876342.cms

BANGALORE: Family problems are the cause of most suicides in the country. While the number of suicides increased by 28% over the last decade, they went up by 3.8% in the past year. Only 5% of these are attributed to financial
reasons while family problems triggered 23.8%, according to the National Crime Records Bureau (NCRB) which recently published the 2007 statistics.

Members of the Save Indian Family Foundation (SIFF) on Monday drew attention to these statistics, which also show that every year, the number of men committing suicide is much higher than that of women.

More married men (57,593) committed suicide last year than married women (30,064). “In 11 years, 1,56,000 married men killed themselves due to domestic violence. Yet, the government doesn’t feel the need to protect
them. Society ridicules them as weak and irresponsible and cites financial reasons as the cause of their suicide. Also, there is a hue and cry when women commit suicide and the husbands’ family is dragged to the police station on suspicion that they must have forced her to suicide. For men, there is hardly any investigation, ” said Anil Kumar, secretary, SIFF.

The organization urged the government to set up a men’s welfare ministry and a national commission for men to study the problems, allocate a men’s budget, provide homes for those trapped in domestic violence, among other things.

Members of Children’s Rights Initiative for Shared Parenting (CRISP), a sister concern of SIFF, identified that men not allowed custody of their children was also an issue of concern leading to stress and depression among divorced men and, in some cases, suicide.

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Parents worsen rocky marriages

Posted by iluvshrutiverma on December 24, 2008

I completely agree: Shruti’s parents were so protective about their daughter that they wanted to control everything that happens in her life even after marriage. If they would not have interfered,  probably my wife and I would have understood each other and have had a happy married life.

*”Unwanted advice of parents should be avoided while tackling crisis situations in a relationship”*

A report published by a Florida-based marriage counsellor said parents may invariably accelerate the break up process if a marriage is on the rocks. “Unwanted advice of parents should be avoided while tackling crisis situations in a relationship. The couples ought to be independent to make their own decisions,” it said.

Dr Rajan Bhonsle, a Mumbaibased marriage counsellor says, “Parents are very possessive about their children. Somehow, they become jealous of the new person in their children’s life. They don’t want to give away their children
even after marriage and keep pouring in advice — which very often is one of the major causes of a marriage break up.” He feels the situation can become more vulnerable in the initial stage of a marriage, as there is a lack of understanding already, and parents’ biased advice just adds to it. This becomes an even bigger problem when the other partner is not liked by the parents.

However, Dr Jyoti Sangle, visiting psychiatrist at Hiranandani Hospital says, “A marriage is made between two mature individuals. They need to be responsible, and so you can’t solely blame parental advice for a split.” She says that parents always have a soft corner for their child, and so they often fail to analyse the situation rationally. It is also because there are so many personal and social emotions attached.

“Importantly, if a marriage is under stress, parents need to be informed about it. But always seek advice from professionals — someone who can look at the situation objectively, like marriage counsellors,” adds Dr Sangle.

Dr Bhonsle warns that as a mature individuals, couples must communicate with each other regularly and openly, as a lack of communication only adds to the problem. “Selfishness, ingratitude and lack of understanding are the
hallmarks of an unhappy marriage,” he adds, “And in this case, it is vital that the couple be independent enough to take their decisions.” Dr Sangle adds, “When you see problems in your marriage, always seek professional help. But understanding, communication and respect is important to keep a marriage alive.”
http://www.dc-epaper.com/DC/DCB/2008/12/23/ArticleHtmls/23_12_2008_110_004.shtml?Mode=1

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