Daily Archives: June 15, 2013

Wife files false 498a agnst husb& fmly, looses. Then files molestaion on bro in law. NO witness. STIL court convicts BIL !! GEM from Mumbai HC. No other evidence is needed as per the Honourable HC judge. Judge says “….no women would take recourse to such type of incident to falsely implicate anyone by putting her character at stake….” whaat are there NO false rape cases ?

Judge says "….no women would take recourse to such type of incident to falsely implicate anyone by putting her character at stake…." …our question, Honourable Judge Madam, haven’t you heard of FALSE RAPE cases at all ?? what happens to the "own character at stake" logic then ??

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CRIMINAL JURISDICTION

CRIMINAL REVISION APPLICATION NO. 229 OF 2012

Ashok Somnath Ghodke…Petitioner/Applicant

Vs.

1. The State of Maharashtra

2. Anita Satish Ghodke…Respondents

Mr. Manoj Gadkari for Petitioner/Applicant

Mrs. A.A. Mane, APP for the State

CORAM : MRS. ROSHAN DALVI, J.

Date of Reserving the Judgment : 9 th May, 2013

Date of Pronouncing the Judgment: 10 th June, 2013

JUDGMENT:

1. The petitioner/applicant (applicant) is the brother­in­law of respondent No.2. The respondent No.2 had filed a complaint against her husband, his mother and the applicant herein under Sections 498A, 506 r.w Section 34 of the Indian Penal Code (IPC) as also under Section 354 of the IPC against the applicant. All the accused have been acquitted of the charge under Sections 498A and 506 r.w Section 34 of the IPC. The petitioner has been convicted of the charge under Section 354 of the IPC.

2. The order of the learned Judicial Magistrate First Class, Court No.3, Pune dated 24 th February, 2009 in that behalf has been challenged by the applicant herein before the Additional Sessions Court, Pune. The Additional Sessions Judge, Pune has dismissed his appeal and confirmed the order of conviction and sentence on 16 th June, 2012 which has been challenged in this revision application.

3. The case of outraging the modesty of respondent No.2 who is the sister­in­law of the applicant herein has to be seen essentially only from her evidence as the incident transpired within the confines of the the kitchen in the house of respondent No.2, though another witness has been examined in that behalf also.

4. The incident transpired at 1.00 a.m on 21 st October, 2007 when respondent No.2 was sleeping with her minor child in the kitchen. Her husband was out of the house. She felt that some one had put a hand on her person. She woke­up, she saw that it was her brother­in­law, the applicant herein. He was not having his clothes on his person. He was in her bed. When she started shouting he pressed her mouth. He was sitting on her body. Somehow she rescued herself. She called her mother­in­law. Rather than helping her, her mother­in­law told her that her husband was going to leave her and she should assume that her brother­in­law was her husband. There was strained relations between the complainant and her family members. Her husband was having an affair with another lady. He used to come once in a week to the house. Only her father­in­law was a good person. Hence her mother­in­law did not come to her assistance. She tried to run away outside the house when her brother­in­law and mother­in­law caught her and her mother­in­law poured kerosene on her and both of them beat her. Somehow she ran away from there and went to the house of her sister to narrate the incident.

5. This is the substance of the complaint. Such evidence can be given only by the victim herself. There is no other to see, depose or corroborate such evidence. There have been certain divorce proceedings between the complainant and her husband. The complainant was living in the same house with her child. The family members would naturally not help her if such an incident transpired. She has been cross examined at length. However no descrepancies are pointed out in her evidence. No other can depose on her behalf. It was contended that there was no independent witness. There would be none under such circumstances. Only her little son was present with her. The incident happened after midnight. Hence the neighbours would be asleep. She was not allowed to shout when she tried to shout because the applicant herein closed her mouth. He would overpower her. The learned Magistrate has rightly observed that multiplication of witnesses is unnecessary and such evidence needs no corroboration of any sort. He has further correctly observed that no women would take recourse to such type of incident to falsely implicate anyone by putting her character at stake. In fact in this case the complaint was also under Section 498A and 406 of the IPC. That has been prosecuted and in fact the accused have been acquitted of that charge. Their acquittal of that charge has nothing to do with the proof of the charge against the applicant herein only under Section 354 of the IPC.

6. In fact, the proof of the charge of outraging modesty by the brother­ in­law of respondent No.2 in view of the strained relations with her husband, and the act of the mother­in­law of respondent No.2 in not helping respondent No.2 when she shouted for help but in fact asking her to surrender to her other son shows the mental cruelty also.

7. The learned Additional Sessions Judge has re­appreciated the entire evidence correctly and similarly. The appreciation of evidence by both the Courts in the concurrent findings is correct.

8. It is contended that the lodging of the FIR is delayed. The incident took place at 1.00 a.m. The complaint was lodged at 22.30 hours on the same day. There is some discrepancy sought to be shown in the distance between the house of the complainant and the police station. The distance alleged is not proved. The complainant had to rush to her sister. Her family members were called. Thereafter they would lodge the complaint. The gravamen of the charge was the harassment by all the accused. The complainant would have to consider lodging one criminal complaint on a single day with regard to the various acts of cruelty and harassment against her husband and her mother­in­law and the specific case against her brother­in­law alone. The learned Sessions Judge in the impugned order has correctly observed that she would have certainly thought many times before she lodged the complaint. It is settled law that complaints by women for offences against women are not mandatorily required to be filed within hours.

9. It is also argued that there is no incriminating circumstances shown. Spot panchanama is not prepared. The Investigating Officer in his evidence has explained why that was so. That was because the complainant had gone to the house of her parents.

10. The evidence of the complainant fully shows the offence made out by the applicant herein. Both the Courts have correctly appreciated that evidence. The conviction and the sentence are correct and deserves no interference.

11. The criminal revision application is dismissed.

12. The applicant shall surrender before the relevant Magistrate within 6 weeks, failing which the relevant Investigating Officer shall take him in custody and report to Court.

(MRS. ROSHAN DALVI, J.)

there are VERY VERY few instance of young Indian children abusing elders BEFORE marriage; whole thing changes AFTER marriage. somehow Indian society does NOT want to accept truth and place the REAL responsibility on MRS. DAUGHTER IN LAW !! what a shame “…the king is really naked …”

there are VERY VERY few instance of young Indian children abusing elders BEFORE marriage; whole thing changes AFTER marriage. somehow Indian society does NOT want to accept truth and place the REAL responsibility on MRS. DAUGHTER IN LAW !! what a shame "…the king is really naked …"

World Elder Abuse Awareness Day: Bahu, the villain in age of abuse

Saturday, Jun 15, 2013, 7:27 IST | Agency: DNA
Maitri Porecha
Maitri Porecha

On World Elder Abuse Awareness Day, an NGO says 84% of city’s elderly don’t report harassment.

– Uday Mohite/DNA

Anandibai, 80, a Dadar resident, was being harassed by her grandson for years.

When he threw her out of the house, she filed a complaint against him under the Maintenance and Welfare of Parents and Senior Citizens Act (MWPSCA), 2007. Under the Act, it is mandatory for the kin to take proper care of the elderly or face imprisonment up to three months. But, not all aged persons file complaints.

Elder abuse in India, the latest report released by non-profit organisation HelpAge India reveals that one in every four elderly persons faces abuse. “In Mumbai, too, one in every four elderly persons surveyed reported facing abuse. What’s worse is that in spite of residing in tier 1 city, up to 84% have made no attempt to report abuse,” said Prakash Borgaonkar, director, HelpAge India.

The report highlights shocking types of multiple abuse that senior citizens are subjected to, including beating and forcible sexual contact. The report says that in metros, including Mumbai, disrespect is the most common form of abuse (79%) followed by verbal abuse (75.86%) and neglect (68.86%).

In addition, up to 52.49% elderly reported being exploited for property.

“Property prices in major cities like Mumbai and Delhi have soared to crores of rupees. The exploitation of the elderly to usurp property has become rampant since last year,” said Borgaonkar.

Also, 38.98% of the elderly said they were slapped and beaten while 3.01% reported unwelcome or forcible sexual abuse. A majority of the elders, up to 55% in Mumbai, said that the daughter-in-law was responsible for the abuse.

While abuse is rampant, awareness about redressal mechanisms is extremely low. The report revealed that in Mumbai only 47% elderly were aware about the helpline and a meagre 2% knew about the MWPSC Act, 2007. “When there is no awareness, the law cannot be implemented. The perpetrators are hence not brought to book,” said Borgaonkar.

SOURCE

http://www.dnaindia.com/mumbai/1848194/report-world-elder-abuse-awareness-day-bahu-the-villain-in-age-of-abuse

1 young man dead; MILLIONs more suffering; MEN COME OUT SPEAK OUT, suicide is NOT a way out ; Khandare’s family was for the last 19 days trying to persuade the Sadar police to accept their complaint. Khandare’s mother Shobha said that the police tried to hush-up the matter and had even concealed the suicide note. “I met RV Bansod (senior police inspector at Sadar) many times and asked him to file a case against Kalra. But every time I was sent back after being told that she is a ‘high-profile’ woman,” said Shobha.

for 19 days, Police refused to accept a complaint and file a case EVEN after youth’s tragic suicide on his 25th birthday

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Married woman, 40, booked for 25-year-old’s suicide

TNN | Jun 15, 2013, 01.20 AM IST

NAGPUR: In a case very similar to the 1994 Michael Douglas-Demi Moore Hollywood starrer ‘Disclosure’, 42-year-old Veera Kalra, who is a manager at a ready-made garment store, was booked by the Sadar police on Thursday night for the abetting the suicide of 25-year-old youth Rahul Khandare who was employed at the shop. In a 5-page note, Khandare, a son of a traffic cop, had said he was taking the step for being sexually harassed by Kalra, a married woman.

Khandare, a 2{+n}{+d} year BA student, had consumed poison on May 24, the night before his birthday. He was found dead at the rural tehsil office, in Civil Lines, on the morning of May 25. Police said that Kalra is absconding and her cell phone is "not reachable" too.

Khandare’s family was for the last 19 days trying to persuade the Sadar police to accept their complaint. Khandare’s mother Shobha said that the police tried to hush-up the matter and had even concealed the suicide note.

"I met RV Bansod (senior police inspector at Sadar) many times and asked him to file a case against Kalra. But every time I was sent back after being told that she is a ‘high-profile’ woman," said Shobha.

On Tuesday, the Khandare family, with the support of NGO Oriental Human Rights Protection Forum, had sat on a dharna for two hours at the Sadar police station. Along with the NGO’s city president Manish Chauhan, they had even tried to met DCP (Zone II) MY Siram, but got no response. On Thursday, they met CP, KK Pathak who then immediately ordered that a case be filed against Kalra.

"I had even applied on RTI for Khandare’s suicide note," added Chauhan. "Even Rahul’s father was not allowed to read the note."

Recalling the evening of May 24, Shobha told TOI that Khandare had left their home at Police Lines Takli without saying anything. "When we tried to call him after midnight to greet him on his birthday, Rahul could not be contacted. We tried throughout the night and were shocked to learn the next morning that he had committed suicide," said Shobha. Khandare’s father Manohar is a naik constable and is posted at the MIDC police station.

Khandare was appointed as a counter boy by Kalra in January. However, after three months, he was sacked. "In his suicide note, Rahul has mentioned how Kalra forced him to maintain a physical relationship with her. When he stopped after a few occasions, she turned abusive. Kalra would even call Rahul late in the night asking him to meet her," said Shobha.

On one occasion when Kalra called, Khandare put the call on speaker phone and asked his younger sister to listen to the conversation. "She was using filthy language and trying to force him to continue the relationship," she said.

source
http://timesofindia.indiatimes.com/city/nagpur/Married-woman-40-booked-for-25-year-olds-suicide/articleshow/20596669.cms

1 young man dead; MILLIONs more suffering; MEN COME OUT SPEAK OUT, suicide is NOT a way out ; Khandare’s family was for the last 19 days trying to persuade the Sadar police to accept their complaint. Khandare’s mother Shobha said that the police tried to hush-up the matter and had even concealed the suicide note. “I met RV Bansod (senior police inspector at Sadar) many times and asked him to file a case against Kalra. But every time I was sent back after being told that she is a ‘high-profile’ woman,” said Shobha.

for 19 days, Police refused to accept a complaint and file a case EVEN after youth’s tragic suicide on his 25th birthday

*****************************

Married woman, 40, booked for 25-year-old’s suicide

TNN | Jun 15, 2013, 01.20 AM IST

NAGPUR: In a case very similar to the 1994 Michael Douglas-Demi Moore Hollywood starrer ‘Disclosure’, 42-year-old Veera Kalra, who is a manager at a ready-made garment store, was booked by the Sadar police on Thursday night for the abetting the suicide of 25-year-old youth Rahul Khandare who was employed at the shop. In a 5-page note, Khandare, a son of a traffic cop, had said he was taking the step for being sexually harassed by Kalra, a married woman.

Khandare, a 2{+n}{+d} year BA student, had consumed poison on May 24, the night before his birthday. He was found dead at the rural tehsil office, in Civil Lines, on the morning of May 25. Police said that Kalra is absconding and her cell phone is "not reachable" too.

Khandare’s family was for the last 19 days trying to persuade the Sadar police to accept their complaint. Khandare’s mother Shobha said that the police tried to hush-up the matter and had even concealed the suicide note.

"I met RV Bansod (senior police inspector at Sadar) many times and asked him to file a case against Kalra. But every time I was sent back after being told that she is a ‘high-profile’ woman," said Shobha.

On Tuesday, the Khandare family, with the support of NGO Oriental Human Rights Protection Forum, had sat on a dharna for two hours at the Sadar police station. Along with the NGO’s city president Manish Chauhan, they had even tried to met DCP (Zone II) MY Siram, but got no response. On Thursday, they met CP, KK Pathak who then immediately ordered that a case be filed against Kalra.

"I had even applied on RTI for Khandare’s suicide note," added Chauhan. "Even Rahul’s father was not allowed to read the note."

Recalling the evening of May 24, Shobha told TOI that Khandare had left their home at Police Lines Takli without saying anything. "When we tried to call him after midnight to greet him on his birthday, Rahul could not be contacted. We tried throughout the night and were shocked to learn the next morning that he had committed suicide," said Shobha. Khandare’s father Manohar is a naik constable and is posted at the MIDC police station.

Khandare was appointed as a counter boy by Kalra in January. However, after three months, he was sacked. "In his suicide note, Rahul has mentioned how Kalra forced him to maintain a physical relationship with her. When he stopped after a few occasions, she turned abusive. Kalra would even call Rahul late in the night asking him to meet her," said Shobha.

On one occasion when Kalra called, Khandare put the call on speaker phone and asked his younger sister to listen to the conversation. "She was using filthy language and trying to force him to continue the relationship," she said.

source
http://timesofindia.indiatimes.com/city/nagpur/Married-woman-40-booked-for-25-year-olds-suicide/articleshow/20596669.cms

one more case where man’s a murderer, wife beater, lazy ..; Govt & media will use this case to make draconian laws, jail all honest men !!; News Man murdered Mother in law after locking up his wife inside a room ; He’s alleged to have been drunk ; police have arrested him etc etc

Man kills mother in law after a family dispute
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News in Tamil, brief non recourse notes in English
********************************************************

Ayappan is married to meena in 2010

Ayappan’s mother in visited the couple and stayed there overnight

Ayappan returned home drunk

Wife meena questioned him

Ayyappan got angry and slapped meena

Mother in law intervened

Ayyappan got mad at all, locked up wife in a room, slit mother in law’s throat

****************************

What will happen next… all this will add up to statistics … more and more honest, hard working, sincere, law abiding men will be castrated without question

************* news item ****************

மனைவியை வீட்டுக்குள் தள்ளி பூட்டிவிட்டு கழுத்தை அறுத்து மாமியார் படுகொலை

Tamil-Daily-News_24930536747.jpg

01:26:18

Saturday

2013-06-15

சென்னை : மதுராந்தகம் அடுத்த படாளம் அம்பேத்கர் நகரை சேர்ந்தவர் நாகா (50). இவரது மனைவி நவநீதம் (48). மகள் மீனா (25). மாமண்டூர் காமராஜர் நகரை சேர்ந்தவர் ஓட்டல் ஊழியர் அய்யப்பன் (30). இவருக்கும் மீனாவுக்கும் 2010ல் திருமணம் நடந்தது. இந்த தம்பதிக்கு ஒரு பெண் குழந்தை உள்ளது. தற்போது மீனா மீண்டும் கர்ப்பமாக உள்ளார்.

மாமண்டூரில் கோயில் திருவிழா நடக்கிறது. இதற்காக மகள் வீட்டுக்கு நவநீதம் நேற்று முன்தினம் சென்றார். இரவு அங்கேயே தங்கி விட்டார். இந்நிலையில் இரவு முழுவதும் வெளியே சுற்றிவிட்டு நேற்று காலை 8 மணிக்கு அய்யப்பன் வீட்டுக்கு வந்தார். அப்போது அவர் போதை யில் இருந்ததாக கூறப்படுகிறது. இரவு முழுவதும் எங்கே போனீர்கள், கடன் வாங்கி இப்படி குடித்து சீரழிக்கிறீர்களே? என்று மீனா கண்டித்துள்ளார்.

இதில் கணவன், மனைவி இடையே தகராறு ஏற்பட்டுள்ளது. மீனாவை அய்யப்பன் அடித்தார். இதை நவநீதம் தட்டிக் கேட்டார். இதனால் ஆத்திரம் அடைந்த அய்யப்பன், மனைவியை வீட்டுக்குள் தள்ளி கதவை பூட்டினார். பின்னர் சமையல் அறையில் இருந்த அரிவாள்மனையை எடுத்து வந்து நவநீதம் கழுத்தை அறுத்தார். இதில் சம்பவ இடத்திலேயே ரத்த வெள்ளத்தில் நவநீதம் விழுந்து இறந்தார். சத்தம் கேட்டு அக்கம் பக்கத்தினர் திரண்டு வந்தனர். அதற்குள் அய்யப்பன் தப்பியோடி விட்டார்.

இதுபற்றி படாளம் போலீசுக்கு தகவல் தெரிவித்தனர். போலீசார் சம்பவ இடத்துக்கு வந்து நவநீதம் சடலத்தை மீட்டு, பிரேத பரிசோதனைக்காக செங்கல்பட்டு அரசு மருத்துவமனைக்கு அனுப்பி வைத்தனர். வீட்டுக்குள் அடைத்து வைக்கப்பட்ட மீனாவை மீட்டனர். புகாரின் பேரில் போலீசார் வழக்குப் பதிவு செய்து விசாரிக்கின்றனர். தப்பியோடிய அய்யப்பனை கைது செய்தனர்.

source

http://www.dinakaran.com/News_Detail.asp?Nid=52479