Daily Archives: August 8, 2013

Have NO leniency while punishing SIS IN LAW for a woman’s death !!! CJI designate : “….2. In spite of stringent legislations in order to curb the deteriorating condition of women across the country, the cases relating to bride burning, cruelty, suicide, sexual harassment, rape, suicide by married women etc. a complete overhaul of the system is a must in the form of deterrent punishment for the offenders so that the problem can be affectively dealt with. para 18…..”

Have NO leniency while punishing for a woman’s death !!! CJI designate : "….2. In spite of stringent legislations in order to curb the deteriorating condition of women across the country, the cases relating to bride burning, cruelty, suicide, sexual harassment, rape, suicide by married women etc. a complete overhaul of the system is a must in the form of deterrent punishment for the offenders so that the problem can be affectively dealt with. [para 18]….."

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM SUPREME COURT SITE
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Date of Judgment : 4-Jan-2013

Case Type : Appeal (crl.)

Case Number : Appeal (crl.) 1062 of 2008

Case Year : 2008

Judge Name : P. SATHASIVAM (J)
RANJAN GOGOI (J)

Petitioner Name : ASHABAI AND ANOTHER

Respondent Name : STATE OF MAHARASHTRA

Reportable : Y

Headnotes : Dismissing the appeal, the Court.

HELD:

1.1 The statement made by the deceased by way of a declaration is admissible in evidence u/s 32(1) of the Evidence Act. It is not in dispute that her statement relates to the cause of her death. In that event, it qualifies the criteria mentioned in s. 32(1) of the Evidence Act. There is no particular form or procedure prescribed for recording a dying declaration nor is it required to be recorded only by a Magistrate. As a general rule, it is advisable to get the evidence of the declarant certified from a doctor. In appropriate cases, the satisfaction of the person recording the statement regarding the state of mind of the deceased would also be sufficient to hold that the deceased was in a position to make a statement. [para 12]

1.2 It is settled law that if the prosecution solely depends on the dying declaration, the normal rule is that the courts must exercise due care and caution to ensure genuineness of the dying declaration, keeping in mind that the accused had no opportunity to test the veracity of the statement of the deceased by cross-examination. The law does not insist upon the corroboration of dying declaration before it can be accepted. The insistence of corroboration to a dying declaration is only a rule of prudence. When the court is satisfied that the dying declaration is voluntary, not tainted by tutoring or animosity, and is not a product of the imagination of the declarant, in that event, there is no impediment in convicting the accused on the basis of such dying declaration. [para 12]

1.3 When there are multiple dying declarations, each one has to be assessed and evaluated independently on its own merit as to its evidentiary value and one cannot be rejected because of certain variation in the other. [para 12]

1.4 In the instant case, though, in one of the statement, the deceased implicated two more persons (who were acquitted by the trial Court) she was consistent about the role played by her mother-in-law and her sisters-in- law (the appellants). It is relevant to note that the incident took place in the bedroom of the deceased. It is also clear that she was subjected to torture as she had not conceived a child even after three years of the marriage and in all the four dying declarations, she was conscious in mentioning the role of her mother-in-law and sisters-in-law. There is no contradiction as to the main aspect, namely, implicating her mother-in-law and sisters-in-law as well as the role played by them. [para 11]

1.5 At the time of recording of the statements of the victim, medical officers on duty had certified that she was fully conscious and was in a fit state of mind to make the same. The persons who recorded the four dying declarations were examined and were also cross-examined about the statement made by the deceased and recorded by them. In such circumstances, this Court fully endorses the view expressed by the trial court and affirmed by the High Court about the acceptability of four dying declarations implicating the mother-in-law and sisters-in-law (the appellants). [para 13]

1.6 As regards oral evidence, PW-1 is the mother of the deceased. She explained about the marriage of her daughter and the strained relationship with her family members including the appellants. PW-2, the elder brother of the deceased, deposed about the torture and ill-treatment meted out to the deceased in her matrimonial home, and the burn injuries sustained by her. He also stated that when he met her in the hospital, she was conscious and disclosed that her mother-in-law and sisters-in-law put her on fire. The analysis of the oral evidence of PWs and medical evidence clearly shows that the deceased was in a fit state of mind to make dying declarations and her statements in those dying declarations are consistent and truthful. There is no infirmity in the order of conviction and sentence recorded by the trial Judge and affirmed by the High Court. [para 14,15 and 17]

1.7 In view of clinching evidence led in by the prosecution, there cannot be any leniency in favour of the appellants, who are sisters-in-law of the deceased and at whose instance the deceased was burnt at the hands of her mother-in-law. Accordingly, the conviction of the appellants u/ss. 302/34 and 498-A/34 IPC and sentence of life imprisonment awarded by trial court and affirmed by High Court are upheld. [para 18]

2. In spite of stringent legislations in order to curb the deteriorating condition of women across the country, the cases relating to bride burning, cruelty, suicide, sexual harassment, rape, suicide by married women etc. a complete overhaul of the system is a must in the form of deterrent punishment for the offenders so that the problem can be affectively dealt with. [para 18]

fullt judgement : https://docs.google.com/file/d/0B-JZGIVy-RW5cm1EYXlmTFRueVE/edit?usp=sharing

short URL ; http://bit.ly/14APLIe

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

False dowry &crmnl cases, false alleging “told to sleep with fathr n law”, petition 2 remov husband frm job, all cruelty! Just 1 day matrimony followed by cases !! After ALL this ablaa naari wife also files restitution of conjugal rights !! and the HON. AP High court allows restitution !! Husband fights upto supreme court to get divorce. Supreme court grants ONLY 15 lakhs to Ablaa Nari. By the way Husband is is the Assistant registrar of AP High court !!

Marriage in 1999. Fight starts immediately after marriage and wife leaves for parental house JUST 1 day after marriage. She promptly files a false dowry case sayiing husband and co sought 10 lakhs dowry and also alleges that her mother in law asked her to sleep with father in law. after initial compromise on the false dowry case, The police make a closure report, but ablaa naari goes to court and gets the dowry case numbered !! Meanwhile husband files for divorce and wife wants restitution !! whaat ..she wants restitution …. Husband is granted divorce by family court . Wife goes on appeal to HC (against family court decree). In the meanwhile husband looses 498a at magistrate court and immediately wife writes to husband’s office (i.e.) AP High court to remove him from his job… !!!! Husband wins appeal on 498a case at Sessions court and wife goes on appeal before AP HC which is not yet finished !!!

In the meanwhile Hon. AP High court allows wife’s appeal to Husband’s divorce decree and grants her restitution !!! Hon AP HC states wife could NOT have committed cruelty because she stayed at husband’s house only for a day !!!

Husband goes on appeal to Supreme court … on the divorce decree

Supreme court appreciates the entire case and decrees (a) marriage broken down as parties have been completely living apart (b) various cases filed by wife are cruelty (c) wife NEED NOT have physically lived with husband to create cruelty and grants divorce to husband … Supreme court KINDLY provides the wife with Rs 15,00,000 !! as permanent alimony !!

By the way did I tell you, the husband is the Assistant registrar of AP High court !!

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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1794 OF 2013

(Arising out of Special Leave Petition (Civil) No. 4782 of 2007)

K. SRINIVAS RAO … APPELLANT

Versus

D.A. DEEPA … RESPONDENT

JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

This appeal, by special leave, has been filed by the appellant-husband, being aggrieved by the judgment and order dated 8/11/2006 passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.797/03, setting aside the decree of divorce granted in his favour.

3. The appellant-husband is working as Assistant Registrar in the Andhra Pradesh High Court. The marriage between the appellant-husband and the respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs. Unfortunately, on the very next day disputes arose between the elders on both sides which resulted in their abusing each other and hurling chappals at each other. As a consequence, on 27/4/1999, the newly married couple got separated without consummation of the marriage and started living separately. On 4/10/1999, the respondent-wife lodged a criminal complaint against the appellant-husband before the Women Protection Cell alleging inter alia that the appellant-husband is harassing her for more dowry. This complaint is very crucial to this case. We shall advert to it more in detail a little later. Escalated acrimony led to complaints and counter complaints. The respondent-wife filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court, Secunderabad. The appellant-husband filed a counter-claim seeking dissolution of marriage on the ground of cruelty and desertion under Section 13(1)(i-a) and (b) of the Hindu Marriage Act, 1955.

entire judgement uploaded here : https://docs.google.com/file/d/0B-JZGIVy-RW5dWxmZjVHVldRcTA/edit?usp=sharing

short link : http://bit.ly/13JE0g1

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

when i was young I thought young girls were attracted to the no good guy with a beard, a school drop out, the smoking stuff types i.e girls are attracted to loosers. Now after a some thought and a lot of experience I think loosers are attracted to women … What say ?

when i was young I thought young girls were attracted to the no good guy with a beard, a school drop out, the smoking stuff types i.e girls are attracted to loosers.
Now after a some thought and a lot of experience I think loosers are attracted to women … (i.e.) its the loosers amoung men , loosers amoung the educated, well to do men, who fall for women and get scr3w3d up …

What say ?

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Why VERY good proof & a good case is needed before HUSBAND gets divorce on grounds of cruelty. Even agreeing to pay money or a corpus or provide a posh flat will NOT move the court !! :

Why VERY good proof & a good case is needed before HUSBAND gets divorce on grounds of cruelty. Even agreeing to pay money or a corpus or provide a posh flat will NOT move the court !! :

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* This is the sad story of an affluent couple who were married in 1997 – yes approx 16 years before the judgement was penned !!
* the wife goes into Coma during her second child birth and has to undergo cesarean.
* the premature baby does NOT survive
* she is treated at Apollo hospital hyderabad and such other famous hospitals
* various specialists from around the country are consulted
* initially she is in coma and then further goes into many psychological problems
* However wife alleges that pregnancy itself was her husband’s fault !! ( he indulged in unsafe sex as doctors had told them NOT to have a baby !!).
* suffering from coma, wife is initially unable to even live normally
* husband provides a large trust, posh flat and monthly payment for the wife, but says wife is un willing to live with him
* Both husband and wife make rival claims against each other, husband calling the wife is suffering various cognition related (psychological ) problems and wife stating that husband is forsaking her company
* husband seeks divorce which is rejected by Family court and High court !!
* finally SC refuses divorce because husband has NOT shown sufficient proof

full link
https://docs.google.com/file/d/0B-JZGIVy-RW5anQ3OVF0QndYZ0k/edit?usp=sharing

short link
http://bit.ly/16xsfI2

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FOLLOW
@ATMwithDick on twitter or
https://vinayak.wordpress.com/ on wordpress or
http://evinayak.tumblr.com/ (recent blog so recent cases )
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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Varanasi : husband’s poisoned body found on roadside; wife’s illicit love suspected in murder !!

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