Delhi Case Follow-up thread

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IndraD
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Re: Delhi Case Follow-up thread

Postby IndraD » 28 Jan 2013 19:47

The ruling shocked the victim's father, who watched the news flash across his television screen.

"A sudden current ran through my body in disbelief. I can't believe this," the father told Reuters. "How can they declare him a minor? Do they not see what they did?"

The panel's decision on the youth is likely to infuriate many people, including protesters, some police and political leaders, who have called for the age at which people can be tried as adults to be lowered to 16 from 18.

"This is wrong. We need the bone test to determine the accused real age, certificates can be forged," the victim's younger brother told Reuters by telephone.


Victim's father shocked and in disbelief http://in.reuters.com/article/2013/01/2 ... AI20130128

There is more than meets the eye, is there a political hand protecting the juvenile??

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Re: Delhi Case Follow-up thread

Postby ramana » 28 Jan 2013 19:49

Guess they are following the wind.

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Re: Delhi Case Follow-up thread

Postby IndraD » 29 Jan 2013 00:11

what happened to claims that this is an 'open and shut case'? I saw several discussion on aajtak and other channels where eminent vakeel were of view it would be closed within 3 months, more than a month has passed and we see juvenile Md Firoz ready to get away. It seems this case will completely expose our judicial system all over in the world, already most of the news papers are strewn with articles about juvenile getting away with no punishment

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Re: Delhi Case Follow-up thread

Postby member_23367 » 29 Jan 2013 00:37

Another angle to look could be that,Congress is trying to Ripen this story until the elections get closer and weigh in Later which may help it to Improve its Image a bit.

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Re: Delhi Case Follow-up thread

Postby IndraD » 29 Jan 2013 01:16

ramana wrote:So Gen VK Singh school certificate is no good but rapist certificate is acceptable.


Some one has copied you on toilet paper comments section..!

P Mohanp- (Delhi)
Gen V.K.Singh's school cert isn't accepted as age proof,but criminal rapist's school certificate accepted
Agree (70)Disagree (1)Recommend (42)


http://timesofindia.indiatimes.com/city ... 224801.cms
victim's kin appalled

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Re: Delhi Case Follow-up thread

Postby SaiK » 29 Jan 2013 01:16

People have accepted it.. and hence the helm is emboldened always forever as long as we accept it. Just by being in shocked state or complain mode does not help, not does the post delhi protest spikes garner strength towards better modesty and civil society. It takes larger movement than this, that or the courts.

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Re: Delhi Case Follow-up thread

Postby ramana » 29 Jan 2013 02:01

See the law is what it is. The courts hands are tied by the law.

Juvenile law needs to be reformed. That does not mean to lower the age for all juveniles, but for heinous crimes the accused should be considered an adult.


IndraD, maybe they thought the same thing.

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Re: Delhi Case Follow-up thread

Postby IndraD » 29 Jan 2013 02:11

^^ Juvenile court hasn't done ossification study on juvenile, it has accepted a piece of trash paper from a headmaster in favour of criminal. Justice Verma has wrote in report there is no question of lowering juvenile age as state has failed in its duty to provide basic fundamental right to the 'kid', Is he the most learned judge on the Earth? Why for crime of same magnitude courts make exception in France, US etc?

this article explains a bit about similar cases in different country
http://articles.timesofindia.indiatimes ... ll-jackson

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Re: Delhi Case Follow-up thread

Postby ramana » 29 Jan 2013 02:31

I dont agree with general lowering the age as there are many ramifications which have been posted on this very thread. However for heinous crimes the juvenile should be tried as an adult.
By asking for general lowering the juvenile age one will lose the argument.

Anyway the fellow will be tried based on existing lax law.

The more winnable battle is to demand ossification test for the school certificates could be incorrect due to many reasons.

------------------

Looks like the board rejected the Police request for Bone test.
...The board, headed by principal magistrate Geetanjali Goel, dismissed the police's plea for a medical test to determine the boy's age.

{ I guess the President was talking about losing the moral compass while keeping these type of people in mind. The board rejecting the bone test is not correct unless there is a hidden political agenda at work. }

The rape triggered a fierce debate whether juveniles involved in heinous crimes such as rape and murder be tried as adults.

The boy, who according to the police was the most savage of the six accused, will be tried under the juvenile justice act. Investigating officer Anil Sharma said the police, expected to file the inquiry report (charge sheet) on January 31, would not challenge the order for now.

As per school records, the boy's date of birth is June 4, 1995. Murder charges are rarely brought against minors.

Justice Verma panel formed in the aftermath of the case has opposed lowering the juvenile age to 16 from 18.

Anand said there were conflicting views on reducing the age of the juvenile but suggested a three-pronged approach: lower the age or enhance the punishment that can be awarded by a justice board, or let the judge have discretion to award higher punishment in heinous offences.

---------------------

All these wont get this guy the just punishment he deserves.


----------------------

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Re: Delhi Case Follow-up thread

Postby JohnTitor » 29 Jan 2013 03:29

IndraD wrote:Urban India is seething in anger, to each news item published in toilet paper regarding justice Verma report, delhi victim, accused etc, there is still tremendous outpouring, people almost ready to avenge personally for what has been happening all these years.
There are very strong comments and opinion , strewn all over, India is changing though this is apparent at the moment in urban area mostly.

This is true. Agreed. But the litmus test will be the next election. Everything else is more or less irrelevant - the protests, the "killer" comments, the raging conversations on streets about injustice etc - surely, noone actually is going to do what they say on the comments section of the toilet paper. Anyone willing to bet the results will be much different to before?

I find it strange that the opposition is sitting out this one, just as it mostly did during the anti-corruption protests.

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Re: Delhi Case Follow-up thread

Postby member_23629 » 29 Jan 2013 08:55

India has wonderful laws -- from the point of view of criminals. How come none of the people who drafted this law could see this loophole that if a juvenile commits a murder just one day before his 18th birthday, he will have to be let off the next day and all his records destroyed. This is what happens when you over-intellectualize everything -- you loose common sense. In India, I am currently seeing that common people have more wisdom than the self-appointed intellectuals (retired judges, NGO types, TV anchors, professors, etc.) In other countries, it is the other way round.

Justice Verma's report is disappointing -- it does not address the issue of juvenile crime at all and does not comment on this loophole. It should at least have said that juveniles involved in serous crime (rape, murders, acid attacks, mutilation of bodies, etc.) will be tried as adults. The status of juveniles should depend on the severity of crime.

Sixth rape accused will walk free on June 4

NEW DELHI: The sixth accused in the December 16 gang-rape case which shocked the nation will walk free in little over four months from now, as he was adjudged a minor by the Juvenile Justice Board on Monday. The juvenile was alleged to have been the most brutal of the six accused.

The family of the victim said they were disappointed at the order and her father said he had wished that the juvenile would be tried with the other five accused for whom the prosecution has sought a death sentence. But relying on the birth certificate of the sixth accused and his school records, the board termed him a juvenile and rejected the plea of the Delhi Police to subject him to a medical or bone ossification test to cross-check his real age.

As per a Delhi Police guideline, the board can ask for a complete medical examination or an X-ray bone-ossification test only if none of the above said documents are available.

The law also says that the board has the authority to grant the benefit of doubt in favour of the accused and declare him/her a juvenile in cases where the age margin is "too close to determine" whether the person is a juvenile or an adult.

The birth certificate and his school documents both showed him to be born on June 4, 1995, rendering him about five-and-a-half months short of 18 years of age on the day of the crime.

Section 15 (g) of the Juvenile Justice (Care and Protection of Children) Act says a juvenile if convicted of any offence can be sentenced to be sent to a special home for a maximum of three years, and, thereafter, be released on probation. But Section 16 of the same Act provides that a juvenile can be at the special home only till he turns 18, and he cannot be sent to jail thereafter, which in effect will result in his release.

For this accused, the release date would hence be June 4, 2013 when he will turn 18 and cannot be kept confined even if he is found guilty of the horrific crime. The police plan to challenge the Juvenile Justice Board's order in a higher court but the odds are stacked against it.

As per the law, to determine whether an accused is indeed a juvenile, the board is expected to rely upon the person's birth certificate or entry in the school register at the time of admission or his or her high school mark sheets. The birth certificate has to be issued by a corporation or a municipal authority or a panchayat and the Juvenile Justice Board has to examine that there should be no irregularity in maintaining the school register if that is the only document available.

Delhi Police sources say that the Juvenile Justice Board was apparently satisfied with the birth certificate furnished by the accused and the deposition of his school principal who testified about the entry in the school register of his said date of birth.

The Justice Verma Committee too had rejected the clamour in aftermath of this case to reduce the juvenile age from 18 to 16.

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Re: Delhi Case Follow-up thread

Postby RamaY » 29 Jan 2013 09:37

Let us see if Delhiites are as street dharmic as they claim to be on Jun4th

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Re: Delhi Case Follow-up thread

Postby saip » 29 Jan 2013 09:53

This act is recent one (Juvenile Justice (Care and Protection of Children) Act, 2000) I am shocked that there is no provision in this act to try a Juvenile as an adult when the crime is so heinous like it is allowed in the USA. I believe the judge has the discretion in the US if a juvenile should be tried as an adult. Now it is too late to do anything with the present accused. He will walk. Time to amend the Act.

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Re: Delhi Case Follow-up thread

Postby JohnTitor » 29 Jan 2013 13:26

varunkumar wrote:India has wonderful laws -- from the point of view of criminals. How come none of the people who drafted this law could see this loophole that if a juvenile commits a murder just one day before his 18th birthday, he will have to be let off the next day and all his records destroyed. This is what happens when you over-intellectualize everything -- you loose common sense. In India, I am currently seeing that common people have more wisdom than the self-appointed intellectuals (retired judges, NGO types, TV anchors, professors, etc.) In other countries, it is the other way round.

Justice Verma's report is disappointing -- it does not address the issue of juvenile crime at all and does not comment on this loophole. It should at least have said that juveniles involved in serous crime (rape, murders, acid attacks, mutilation of bodies, etc.) will be tried as adults. The status of juveniles should depend on the severity of crime.

Absolutely. Most developed countries work with the "spirit of the law" (specifically UK)- the purpose behind the law and not textbook rubbish. Everything can't be written down. In India, the "book" is used to get the criminals out (all over the world, but especially in india) and the loopholes are never closed because if they are, it would affect the rulers in some way (be it their own dynasty, or their votebank).

This "raju" is conviniently a "youth" .. i can bet you had he been a hindu, he wouldn't have been so "young", unless he was a SC/ST/OBC/BBC/<other minority>.

To try this fellow as a youth and set him free is a shame on the country and its people as a whole. What is to say this guy wont do the same thing again in a few months/years? Chances are they he will. Mob justice seems to be the only way to get justice in India anymore.

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Re: Delhi Case Follow-up thread

Postby IndraD » 29 Jan 2013 13:55

http://timesofindia.indiatimes.com/indi ... 235743.cms

Nirbhaya gang-rape case: Supreme Court rejects transfer of trial outside Delhi

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Re: Delhi Case Follow-up thread

Postby chaanakya » 29 Jan 2013 19:16

Well I think two brothers of Amar Jyoti of women bravery are preparing for Engineering courses and hence might be below the age limit for Juveniles.

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Re: Delhi Case Follow-up thread

Postby Yudhajit » 29 Jan 2013 21:33

varunkumar wrote:In India, I am currently seeing that common people have more wisdom than the self-appointed intellectuals (retired judges, NGO types, TV anchors, professors, etc.) In other countries, it is the other way round.

That is why I have turned completely in favor of bringing back Jury system of some sort, at least as an option.

Only a jury comprised of common citizens can deliver justice the way it is really supposed to be.

Anyways, aren't we being unjust to the judges themselves by asking them to act as judge and jury both at the same time? And if that was not enough, we are now asking them to "fast track" themselves! The same fellow, who has to decide whether to admit a piece of evidence, also has to decide how much he should be influenced by it. And the same guy who has to wear his jury hat and decide whether an accused is guilty or not, also has to change his hat all of a sudden and decide how much punishment the law book demands for the crime that he thinks has been committed. No wonder they never seem to be able to decide what to do, and keep postponing the cases forever and ever.

Most people who are against the jury system are so because they think 90% of Indians are idiots (castist, communalist, etc.). Well then, what's the guarantee that judges aren't already the same?

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Re: Delhi Case Follow-up thread

Postby IndraD » 30 Jan 2013 00:43

http://www.thehindu.com/news/gangrape-c ... 357721.ece

Delhi police seek legal opinion on juvenile board ruling

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Re: Delhi Case Follow-up thread

Postby IndraD » 30 Jan 2013 01:49

http://www.indiatimes.com/national/delh ... 58149.html

Accused Sharma threatens suicide

How come this vakeel is talking to media so khullam khulla, wasn't there supposed to be a gag order? Where is 'my lord'? Or is that gag order ek tarfa only? Incidentally I came across that current CJI Kabir's father was a senior minister in W Bengal congress :mrgreen:

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Re: Delhi Case Follow-up thread

Postby IndraD » 30 Jan 2013 04:09

The Delhi High Court on Tuesday pulled up the city police for not filing a proper response to a plea seeking a CBI probe into Constable Subhash Tomar's death during the anti-rape stir here, saying it would summon the Police Commissioner if the cops do not follow proper protocol in the case.

"You have to file a proper reply in a proper affidavit.

This (reply filed by the police) is not acceptable. Perhaps I will have to take some drastic steps. Do you want the Commissioner of Police to stand here with the litigants? I can do that," Justice G.P. Mittal said warning the police.

The court's remarks came after the reply on behalf of Delhi Police was filed in the form of a status report by the Deputy Commissioner of Police (Crime) S B S Tyagi, instead of the Police Commissioner.

It gave a week's time to the Ministry of Home Affairs, the Delhi Government and the Delhi Police to file their response.

The directions of the court came on the plea filed by advocate G.K. Bansal in his individual capacity.

Bansal has moved the court seeking a CBI probe into the case alleging contradictions in the statements of various officials including Delhi Police Commissioner Neeraj Kumar, eye witnesses and the medical expert on the reasons of Tomar's death.

Delhi HC pulls up police for not filing proper response in constable Subhash Tomar's death


http://indiatoday.intoday.in/story/delh ... 48069.html

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Re: Delhi Case Follow-up thread

Postby kshirin » 30 Jan 2013 04:57

We Indians cannot survive mishandling of this case. I do not want to imagine what her family must be going through after the rapist has been declared a juvenile. The gag order seems to apply only to the prosecution, the defence is loud mouthing everywhere, and nothing is being done to curb this. The turning point has been reached. We cannot claim to be civilised after the rape but at least now we should not fail her memory.

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Re: Delhi Case Follow-up thread

Postby krisna » 30 Jan 2013 05:48

What’s cooking? Justice Verma report vanishes from home ministry portal
The Ministry of Home Affairs (MHA) has quietly removed the Justice JS Verma Committee report from its official website mha.nic.in. The move raises two pertinent questions: at what level was the decision to put up the report was initially taken? Who took the decision to remove it and for what purpose?


Was the report removed because of Justice Verma’s adverse remarks on the ministry?

He had slammed home secretary RK Singh for praising the Delhi Police for their ‘swift’ action against the accused in the Delhi gangrape case. He had blamed “institutional apathy” and failure of law enforcement authorities to come across as credible agencies capable of faithfully and fairly implementing laws. He had also criticised state police chiefs for not appearing before the committee.

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Re: Delhi Case Follow-up thread

Postby IndraD » 30 Jan 2013 17:23

India Rape Victim's Friend Describes Their Love story http://online.wsj.com/article/SB1000142 ... TopStories

NEW DELHI—She called him "a perfect man." He still keeps her number stored in his cellphone, under the name Jewi, derived from a Sanskrit word meaning life.

"She was the closest person to my heart," says the young man. Soon he is expected to tell a judge about the night she was raped aboard a private bus here, an attack that left his friend dead and the world horrified.

"I find myself surrounded by the pictures in my mind of the incident of that night in the bus," says the 28-year-old information-technology specialist, who was himself badly injured in the Dec. 16 attack. Broad-chested and plain-spoken, he now walks with a cane.

Speaking with The Wall Street Journal, he gave new details of the assault and described his close and complex relationship with his friend, a petite recent college graduate who was 23 at the time of her death. Both her name and his are being withheld due to Indian law governing the identification of the woman as a rape victim.

The case has stirred widespread protest and calls for justice. Five men face charges including rape, kidnapping and murder. Lawyers for the five say they are innocent. A sixth person accused, a juvenile, faces proceedings in juvenile court. A lawyer representing him couldn't be reached.

In many ways, the young man and his friend were a modern dating couple, yet still bound by caste and tradition. Living away from home, the two were making their way in India's widening professional class—she was a physiotherapist looking for her first job, he leads a team specializing in Internet voice technology for corporations.

They shared their problems, took vacations together and consulted each other even over the purchase of a pair of shoes. She once talked him out of investing in a company that turned out to be a fraud. He gave her the login details to his Facebook account.

Their families were aware of their closeness and didn't interfere, the young man and her family said. But the two friends felt their relationship would always be a friendship and not a marriage, he says. He came from a high-caste Brahmin background. His father is a prominent lawyer. His family lives in a three-story home with servants' quarters.

By contrast, his friend hailed from a Kurmi agrarian caste that is lower on the Hindu hierarchy. Her family lives in a small concrete-and-brick house near the Delhi airport, where her father works as a laborer.

Differences like these worked against a union. And the young man says he was loath to go against his family's strong wishes that he find a traditional match from within his Brahmin community.

"We just didn't talk about it because it would sour our relationship," he says of his friend. "We were of equal status as friends."

In an interview, the young woman's mother said to the question of marriage: "You can't really say what could have happened in the future."

The young man's father says the subject of marriage never came up, but had their son made a fervent case, the family "might have given it a thought."

The two first made contact in December 2010. It wasn't exactly a success. A mutual friend had suggested that the young man might help her with her studies, and gave her his number.

"Hi, how are you?" she texted him. "What's going on?"

He thought it was the mutual friend, playing a prank.

"I know who you are, man," he replied. "Is this your new number?"

"I am not a boy, I am a girl," she responded.

The mutual friend intervened to end the confusion. Two months later, when the young woman was visiting New Delhi from her college in Dehradun, about five hours' drive away, he went to meet her for the first time at the bus station.

He approached the person he guessed was her. She was wearing a red top, a blue skirt and high heels, he says.

By way of breaking the ice, he walked up and asked: "Where do I get a bus to Dehradun?"

Without even looking up, she pointed away. So he had to introduce himself.

Over lunch at McDonald's and an afternoon tour of Delhi's ancient Red Fort, they started getting to know each other. "I told her that I am from Gorakhpur," a city in northern India, he says, recalling that day. "That I am from a Brahmin family. I have two brothers and three sisters. I am very close to my mother. That my father is a lawyer. That I worship God daily. That I am a foodie and like to go for movies. I drink milk daily. I am fond of wristwatches and have a good collection of them."

It would grow into a welcome friendship as he found his way in New Delhi, where he moved in 2006 after graduating in engineering from a technical college. Back home in Gorakhpur, he had founded a group that he intended to focus on women's empowerment and child development. But his family advised him to "first prove yourself, then work for others," he says.

He joined HCL Infosystems, his current employer, in 2008. "He is a professionally very efficient person, a quiet worker, very responsible and hardworking," says his boss there.

As the friendship grew, he and the young woman spoke frequently on the phone. "She was that friend for me with whom I can talk about my financial status and family problems openly," he says. At times, he says, she called him "a perfect man."

They started taking trips together to see holy sites. On May 10, 2011, her birthday, they met in Haridwar, a Hindu pilgrimage center on the Ganga river, about an hour's drive from where she studied.

They traveled on cable cars to hillside temples before watching devotees take evening dips and worship the river.

By then, her family knew and liked him. He was the friend she spoke to most, her mother says. "We thought of him as a gentleman," she says. "He was safe."

Five months later, the couple visited Vaishno Devi, another popular pilgrimage spot in the Himalayas. "It was very cold. We took the Shalimar Express train from Dehradun," he says.

They climbed about seven miles to the sanctuary, worshiped there that evening, and hiked back to the hotel the following morning. "We bought some medicines for our legs that were aching severely," he says, smiling sheepishly at the memory. "She also provided some physiotherapy treatment to my legs," he said, pantomiming a rub on his leg.

In March, they went together to a shrine devoted to the Indian spiritual guru Sai Baba in the state of Maharashtra. A few months later, he gave her some inspirational books when they traveled to Rishikesh, another Hindu holy site famously visited by the Beatles in 1968.

Her last gift to him was a gray tie. It remains in an envelope in his New Delhi apartment. "I tried to do things that made her happy," he says. "It's because that's how I could be happy, too."

On their trips, they would share a hotel room. They held hands and hugged, he says, but didn't go further. "Regarding the man-woman relationship, I have conservative views," he says. They sang, joked and played cards and chess. He thought about her often when they were apart.

When they met on Dec. 16, the day of the attack, the two hadn't seen each other for several weeks. "It was a strange and boring day," he says.

That evening, after watching the movie "Life of Pi" at a mall, they strolled by a fountain and snapped some pictures. He wanted to linger, but she was eager to get home, he says.

They hailed a motorized rickshaw to a bus stop where she could catch a ride home. A bus was there waiting, and someone on board called out to them, he says: "Didi, where do you have to go?" Didi means elder sister. The person calling out was the juvenile defendant later accused in the crime, the young man says.

The young man says the two boarded the bus and sat in the second row. The row in front was occupied by two men who appeared to be passengers, as did two other men seated across the aisle, he says.

Things were normal for about five minutes, he says, and he began to relax. "It's OK for today, but don't board these kinds of buses in the future," he says he told his friend.

Then, three of the men asked the couple what they were doing with each other out at night, he says. That is when he knew they were in trouble.

He and his friend started shouting. She tried to call the police, but one of the men snatched her phone away, he says. He got into a struggle with one of the men. He says he heard shouts of "Bring the rod, bring the rod!"

He was struck repeatedly on the back of the head, and pounded on his legs, he says. Dizzy and bleeding, he fell to the floor. Police have accused the assailants of using a metal rod from the bus's luggage rack in the assault.

She was dragged to the back of the bus, he says. The lights were off. He heard her crying for help, but he was pinned to the floor by one or more men, he says. Police allege she was gang-raped and sexually assaulted with a metal rod.

"I go to that moment again and again," he says. "Just an hour before, everything was fine, and all of a sudden, everything had gone horribly wrong."

Finally, he says, he heard the words, "She's dead, she's dead."

The couple was thrown off the bus at the side of a highway, according to the young man and the police. The two had been stripped naked. His friend was still alive. Eventually, they were brought to a hospital.

A lawyer for the driver of the bus has said his client acknowledged that a rape happened on his bus, but is innocent of all the charges. A lawyer for two of the accused has said his clients weren't on the bus at the time of the incident. A lawyer for another of the accused has said his client was tortured into making a false confession; police have declined to comment on that allegation. That lawyer has requested that the trial be moved outside New Delhi, arguing that his client won't get an impartial hearing locally. The Indian Supreme Court dismissed that request Tuesday. A lawyer for the fifth accused has said his client is innocent, too.

The father of the dead young woman, speaking of her friend's efforts on the night of the attack, says: "We are eternally thankful to him." If he hadn't been there, he says, his daughter might have disappeared without a trace.

Five days later, the young man visited his friend in the intensive-care unit of Delhi's Safdarjung Hospital. She had been so violently raped and beaten that much of her intestines had been surgically removed.

He says he apologized to her for letting her down. She replied, if only we had stayed longer by the fountain at the mall, as you had wished, perhaps we would have missed the bus.

She reminded him that it was exactly two years since they had first texted, he says. She tried to hug him, but she couldn't get up because of the medical equipment attached to her body. "She made a gesture of a hug," he says.

Later, she was transferred to Singapore for treatment. The young man says he learned of her death from a television report.

Today, he says, he weighs what might have been between the two of them. "I would have been with her all my life," he said in one interview recently. "Even if that meant taking the extreme step of going against the wishes of my family.

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Re: Delhi Case Follow-up thread

Postby RajeshA » 31 Jan 2013 16:37

For all those in the international community who have used this rape case to indict whole of India as some place more barbaric than themselves, here is some more info.

Quote from here

#9: On rape in the U.S. armed forces: "President Obama has recently authorized the deployment of women in combat roles. Yet sexual harassment and rape have reached epidemic proportions within the U.S. military, with over 3000 incidents per year being reported. What do you intend to do about this?"


So even within a disciplined force, there are 3000 instances of sexual harassment and rape in the USA!

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Re: Delhi Case Follow-up thread

Postby IndraD » 31 Jan 2013 19:05

http://timesofindia.indiatimes.com/indi ... 270593.cms
1996 Suryanelli rape case: SC sets aside Kerala HC verdict acquitting 35 accused

A bench headed by Justice A K Patnaik sent the case back to the high court for taking a fresh look at it. The court passed the order on an appeal filed by the state of Kerala challenging the acquittal of the accused in the case.


what sort of judgement is this?? After 17 years of incident Supreme Court sends the case back to HC Kerala to relook?? Why they couldn't announce judgement themselvees? How HC Kerala aquitted 35 accused?? Then who raped the girl??

This judicary is at root cause of lawlessness in this country..! CJI recently asked court to find out if raped accused in Delhi case have been tortured , why he doesn't take a look at the human rights of victim in this (Kerala) case? If 40 people raped her for 40 days, judiciary has raped her further for 17 years..!! There are criminals, corrupt goons sitting in the guise of judges there..!

I am startled by this particular comment
One of the main culprit in the Suryanelli case is PJ Kurien, Deputy Chairman of Rajya Sabha. He escaped from the case with the help of NSS (Nair Service Society) who testified that he was present with them during the time of the incident.

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Re: Delhi Case Follow-up thread

Postby IndraD » 31 Jan 2013 19:13

On Feb 6 2012 the police arrested the Suryanelli case victim in connection with an alleged financial irregularity case. The case pertains to the charge that the victim had engaged in multiple financial irregularities worth Rs 2,26,000 while working in the Sales Tax Department, Changanassery in 2010. The irregularities had surfaced during auditing, after which she was placed under suspension. Later she was given a 'punishment' transfer to Kottayam where she is now employed. She was produced before a court in Changanassery which remanded her in judicial custody. It has been alleged that as her case is coming up for hearing in the Supreme court, vested elements have set her up.


http://en.wikipedia.org/wiki/Suryanelli_rape_case

Not even God can help India..!!!!!

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Re: Delhi Case Follow-up thread

Postby chaanakya » 31 Jan 2013 21:00

IndraD wrote:
On Feb 6 2012 the police arrested the Suryanelli case victim in connection with an alleged financial irregularity case. The case pertains to the charge that the victim had engaged in multiple financial irregularities worth Rs 2,26,000 while working in the Sales Tax Department, Changanassery in 2010. The irregularities had surfaced during auditing, after which she was placed under suspension. Later she was given a 'punishment' transfer to Kottayam where she is now employed. She was produced before a court in Changanassery which remanded her in judicial custody. It has been alleged that as her case is coming up for hearing in the Supreme court, vested elements have set her up.


http://en.wikipedia.org/wiki/Suryanelli_rape_case

Not even God can help India..!!!!!



http://www.indianexpress.com/news/supre ... n/1067450/

A Kerala woman who was raped for over 40 days by 42 different men finally got some relief today. The Supreme Court overruled the verdict of the Kerala High Court which had found just one man guilty, and had acquitted 35 others in the case.

The victim from Suryanelli in Idukki district of Kerala was 16 years old when she was abducted in January 1996 and passed from man to man across the Tamil Nadu border before being abandoned.

The apex court on January 3, this year had decided to hear the appeal against the acquittal of the 35 accused on an urgent basis. The case had been lying pending with the Court for the last eight years. The court passed the order on an appeal filed by the State of Kerala challenging the acquittal of the 35 men in the case.

The Kerala High Court had acquitted the persons who were already convicted by a special court in September 2000. The High Court had found only one person guilty of crime related to the sex trade and had sentenced him to five years in jail and a fine of Rs 50,000.

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Re: Delhi Case Follow-up thread

Postby Yudhajit » 31 Jan 2013 22:44

^^ Ordinary citizens Right to Recall High Court and Supreme Court Judges, anyone?

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Re: Delhi Case Follow-up thread

Postby IndraD » 31 Jan 2013 23:14

I feel very helpless on reading news item like this..! The judiciary should be held accountable and the judge sitting over this decision of Kerala HC properly investigated and punished in vengeance. The day is not far people will raze down institutions of democracy if India continues on this path.

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Re: Delhi Case Follow-up thread

Postby hnair » 31 Jan 2013 23:31

PJK is not the only alleged statutory rapist exalting high posts in Kerala

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Re: Delhi Case Follow-up thread

Postby IndraD » 01 Feb 2013 00:02

the state government was trying to sabotage the case at various levels as a top Congress leader was involved in the rape. The SC said the High Court did not consider evidences properly while delivering the order. It also directed the HC to rejudge the case within six months


http://kaumudiglobal.com/innerpage1.php?newsid=31600

Jusgement is not complete unless the judge is identified and grilled

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Re: Delhi Case Follow-up thread

Postby lakshmikanth » 01 Feb 2013 00:05

I also heard that an IUML leader Kunjhalikutti was also involved in the Suryanelli case. The chargesheet and case files burned down in a fire at govt. building.

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Re: Delhi Case Follow-up thread

Postby IndraD » 01 Feb 2013 00:24

It now appears that victim got some help from opposition party, the people she was fighting against were very powerful, this girl should be called Damini, hats off to the courage shown and to the family. They must have been through the hell
http://www.dnaindia.com/india/report_gi ... se_1794809

I am aware about a similar case in an industrial town called Bokaro Steel City (Jharkhand), where a class 11th girl was gang raped by 22 people (from a local muslim basti) , she has been reduced to a pulp needing care 24 X 7. In a judgement of its own kind judge asked culprits to pay compensation to the victim which ofcourse has not been paid . In this case local DSP (Nihal Ahmad) who was Lalu Yadav's man refused to register FIR initially

AFTER three days of curfew Bokaro has still not got over the shock of the abduction and rape of a girl by 20 men. Curfew was imposed following spontaneous acts of violence against the alleged indifference of the police in investigating the case. The condition of the victim is stated to be critical and doctors suspect that the shock may have caused permanent damage to her brain. . Crime psychologists may describe the Bokaro incident as a manifestation of collective sickness triggered by x factors and the Delhi murder an example of the “Lolita syndrome” —


http://www.tribuneindia.com/1999/99apr24/edit.htm

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Re: Delhi Case Follow-up thread

Postby hnair » 01 Feb 2013 01:03

lakshmikanth-saar, the gent you mentioned has some really bad reputation (of course no one comes forward) even among some in his own community. There was this joyous occasion in which I was working towards starting something in Trivandrum and worked on it for years. The gent somehow became "chief guest" due to the regulatory threats he can brandish. I refused to attend, along with some others because it just doesn't feel right to be sullied by his presence.

I have been an anti-communist all my life and has fought street battles because of that, but I have to agree with my apolitical dad, when says "the only game in town against influential creeps and business interests is surprisingly an 88 year old communist leader". To his credit, he has not hesitated to wade in where even his fellow comrades just pick their noses and look the other direction. In fact I was telling a friend (leftist) of mine that the LDF has become like BJP in the center - either sitting and watching or taking up wrong issues to highlight, while the incumbent government is bungling badly without any challenges.

Once the 88 year old's time is up, there is no one in the horizon on ANY party to take up such issues.

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Re: Delhi Case Follow-up thread

Postby pentaiah » 01 Feb 2013 01:06

to be honest Indian police and and courts just den of corruption and there is no justice.
I am speaking from very near dear entangled in wife abuse, (wife beating and treating like dogs) and embezzlement of money from dead persons accounts even befor cremation and the withdrawl of money from banking accounts using debit card.

In all cases the crimnals are scott free even after ATM photographs were given to police and court, the police say to judge the person is absconding while he is in the same loclity goin on scooter mocking the victims..

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Re: Delhi Case Follow-up thread

Postby IndraD » 01 Feb 2013 03:25

As controversy rages around the law governing punishment for juveniles in serious crimes, the Delhi Police appear to have given up their attempt to establish that the 'most brutal' attacker in the December 16 gang rape is an adult.

On Thursday, the police filed a supplementary charge sheet against him before a Juvenile Justice Board (JJB), a sign that they are prepared to settle for a light sentence for the youngster - a maximum of three years in a reformatory for a particularly vicious gang rape that resulted in the victim's death.
Senior police officials told HT they were not optimistic of overturning a JJB finding on January 28 that the accused individual was a juvenile.

Until this point, the police have maintained that they are exploring all options to ensure the youngster, described by them as the most brutal of the six assailants, gets the maximum punishment.

"It's a Catch-22 situation. If we appeal, we will be asked for proof we don't have, and we can't appeal for a bone test given that it has an error margin of at least six months," said a senior cop.

"We don't have much hope."

The key evidence in favour of the attacker is his school-leaving certificate, which shows him to be 17 years and 6 months old.

The weightage given to this evidence is underlined by the fact that school-leaving certificates have been used to nail two of the other five accused, who had also tried to use the juvenile route to wriggle out of a potential death sentence.

While one attacker, Vinay, was earlier reported to have appealed that he was juvenile, it has emerged that another, Pawan, had also tried the same ruse.

The court of the metropolitan magistrate and the special sessions court had both rejected the claims.

The father of the 23-year old victim, who had earlier said he would challenge the JJB's ruling on the juvenile status, reacted in a measured way on Thursday.

"We will wait and watch. We don't want a situation where the other five accused get a breather because of too much focus on the juvenile," he told HT.


Police give up hope to nail juvenile, let him off in charge sheet http://www.hindustantimes.com/News-Feed ... 04770.aspx

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Re: Delhi Case Follow-up thread

Postby ramana » 01 Feb 2013 08:10

The juvenile board's action in Delhi gang rape case will prevent future juvenile rapists from being arrested.

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Re: Delhi Case Follow-up thread

Postby lakshmikanth » 01 Feb 2013 08:31

hnair wrote:
Once the 88 year old's time is up, there is no one in the horizon on ANY party to take up such issues.


OT: Kerala is indeed looking depressing by the day.

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Re: Delhi Case Follow-up thread

Postby Sachin » 01 Feb 2013 12:11

IndraD wrote:1996 Suryanelli rape case: SC sets aside Kerala HC verdict acquitting 35 accused

To add on. The main accused Dharmarajan was absconding when the case came up for trial. The trial was then carried out for the remaining accused. This Dharamarajan (a lawyer) was picked up after a couple of years by the K.P in a quarry in Karnataka! He was brought back and tried. He was given a 5year sentence (which was only for abduction). I dont know if this chap still around, or has again jumped bail.

I am startled by this particular comment

Dont know much on this. PJ Kurien was once suspected of being part of this gang but was later not part of the list of accused. Recently the NSS made a strong statement that the current UDF Govt. (U Chandy as the Captain) was not giving the due benefits for the Nair community and did not even give a ministership for Ramesh Chennithala (a Nair). Surprisingly P.J Kurien (a X'ian) supported NSS in this.

lakshmikanth wrote:I also heard that an IUML leader Kunjhalikutti was also involved in the Suryanelli case. The chargesheet and case files burned down in a fire at govt. building.

No.no. Dear old Kunjaali is accused in the "Ice Cream Parlour" sex-scanadal. Here it was a case of underaged girls getting drugged and then s-exually assaulted by various people. But in case of Ice Cream Parlour case, it is a bigger mess. The main victim (and witness) have jumped back and forth on her earlier statements and can now be shown as a unreliable witness. Kunjalikutty's relative K.A Rauf then took the limelight by saying that he was the person who helped Kunjaalikutty in getting out of this case. Now K.A Rauf itself is facing a series of investigations. One in which he threatened a local elected representative, and then for trying to bribe the Dy.SP who was investigating that case. The latest one is K.A Rauf colluding with a DIG level officer to evict an estate owner from his rightful property in Karnataka!

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Re: Delhi Case Follow-up thread

Postby lakshmikanth » 01 Feb 2013 12:30

^^ Thanks Sachin.

I knew that he was in trouble for something, or rather the law was in trouble because of him. I left Kerala long time back so memories have faded.

Ice-cream s-ex it is :)


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