Delhi Case Follow-up thread

chaanakya · Post by **chaanakya** » 13 Sep 2013 21:31

ramana wrote:The Judge has finally shown his clarity of mind. He went straight for the murder under IPC 302. My disappointment is that the gang-rape offence hasn't been given prominence and future gang rape perpetrators will get lesser sentence using this as precedent.

Prior to amendment Rape or gangrape was not punishable by death but only life. hence judge has give death penalty for crime under 302. Will have to read judgement to see what other punishments are meted out and how it would affect the further appeal .

Now the death sentences have to be confirmed by HC .

chaanakya · Post by **chaanakya** » 13 Sep 2013 21:35

Delhi gang rape: Court cites Kasab, rejects rapists's plea for leniency;Jyoti Singh Pandey's ~~Nirbhaya's~~ parents say 'we are finally at peace'

NEW DELHI: The death sentence of 25-year-old Mohammed Ajmal Amir Kasab in the 26/11 Mumbai terror attack found a mention in the verdict by a court here while sending the four convicts to gallows in the December 16 gang-rape case by rejecting their plea for leniency on grounds of young age and clean antecedents.

While dismissing the plea of Mukesh (26), Akshay Thakur (28), Pawan Gupta (19) and Vinay Sharma (20), additional sessions judge Yogesh Khanna said "the Supreme Court had repeatedly held that the young age of the accused is not a determinative factor by itself against the award of the death sentence."

"Rather, all the circumstances need to be taken together and proper weightage to be given to each circumstance," the court said and also added the Supreme Court has re-held the death sentence of Kasab despite the young age of the convict.

While Kasab was 25-year-old, the court also referred to another rape case from West Bengal in which Dhananjoy Chatterjee's leniency plea of young age of 25 was rejected by the apex court and he was hanged at the age of 34 years after his mercy plea was rejected by the President.

Both Kasab and Chatterjee were first-time offenders, the court noted while rejecting the plea of the December 16 convicts for a chance of reformation in view of clean antecedents.

The judge also stated that the four convicts, before committing the heinous crime, were involved in robbing a passenger in the same bus in which the ghastly incident had occurred, which "belies their claim of clean antecedents".

The judge also cited the Supreme Court judgements to reject their ground for leniency considering their socio-economic status and that they were under the influence of alcohol at the time of the incident.

"The socio-economic status of the convict or the convict being under any intoxication cannot be the determinative factors in sentencing...," he said.

'I am relieved'

"I can finally breathe, I am relieved and we are finally at peace. Our daughter has been given justice." This is how the mother of the 23-year-old physiotherapy student, whose brutal rape on a moving bus on December 16 by six men triggered a nation wide outrage, reacted when a fast track court sentenced four men to death terming the crime as the "rarest of rare".

"It has been a difficult journey. The verdict has come. Justice has been delivered to us in true sense. We are happy with the judgement. If an appeal is filled, then also I think we will get justice," the girl's mother said at the Saket court complex here, with her husband by her side.

The fast-track court, set up following the massive protest in the city, handed down death sentenced to Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh Singh for their involvement in the rape and murder of the girl.

One of the accused Ram Singh was found hanging in his prison cell in high-security Tihar jail on March 12 while the juvenile involved in the crime was given three years' term by the juvenile justice board two weeks ago.

The father of the girl, who had sold his land in his native village in Uttar Pradesh's Ballia to arrange for his daughter's education, also expressed satisfaction over the court ordering the four convicts to the gallows.

"We are happy with the decision but our fight will continue till the they are hanged. We will visit the village in Ballia on death anniversary of our daughter and form an NGO to spread awareness on rape cases," the father said.

He also thanked Delhi Police, the media and all those who stood by them during the "difficult period".

"We have got justice. The verdict will act as a deterrent. I think nobody will dare to do this kind of act. We have full faith in the judicial system in the country," he said minutes after the fast track court pronounced the verdict.

Both the parents of the girl were present in the court room when the verdict was pronounced.

ramana · Post by **ramana** » 13 Sep 2013 22:43

Was the victim's last name a factor in early Dilli Billis reactions to the gang rape?

I recall Pranab Mukherjee's son made some crass remarks followed by others.

chaanakya · Post by **chaanakya** » 13 Sep 2013 23:11

Name was not revealed until Sunday Guardian revealed it. Though I got it from onr of the rare interview of her docter and mother early on.People in Delhi would have learnt it by word of mouth. With younger age population , this crime and viciousness touched a chord. With politicos of any hue , this is normal ordinary thing in their routine. Luckily, younger voices carried the day which means they dont care much about surnames.

Prasad · Post by **Prasad** » 14 Sep 2013 01:11

This judgement doesn't relieve the govt of its wrongdoings. Why were there unlicensed buses plying. How did they get to track down the bus so quickly. Why hasn't the delhi police been given a kick up its backside. Why hasn't cangress been pilloried for its behaviour towards peaceful protestors in delhi. Long way to go.

Btw that defense lawyer said he'd burn his daughter alive if she went out with a boy. Somebody asked if victim blaming is still prevalent. Well, there you have it. Primetime victim blaming starts from there.

fanne · Post by **fanne** » 14 Sep 2013 01:16

The 4 had been luckier if the 5th guy was not (wrongly) declared minor. With a secular guy in their mid, they would have gotten at best life. Or who knows, Doggy may have claimed some kind of reservation for him!!

Theo_Fidel · Post by **Theo_Fidel** » 14 Sep 2013 02:11

It not over unfortunately. Even Nalini had her death sentence commuted.
We should keep following this case.

Those who hinted at extra judicial action action against the minor should rethink when the emotions are calmer....

ramana · Post by **ramana** » 14 Sep 2013 03:10

Theo_Fidel wrote:It not over unfortunately. Even Nalini had her death sentence commuted.
We should keep following this case.

Those who hinted at extra judicial action action against the minor should rethink when the emotions are calmer....

Theo, Are you batting for that vicious murderer? The most grievous wounds were inflicted by him.

Losing the moral compass?

Prasad · Post by **Prasad** » 14 Sep 2013 05:28

ramana wrote:
Theo_Fidel wrote:It not over unfortunately. Even Nalini had her death sentence commuted.
We should keep following this case.

Those who hinted at extra judicial action action against the minor should rethink when the emotions are calmer....
Theo, Are you batting for that vicious murderer? The most grievous wounds were inflicted by him.

Losing the moral compass?

Not my place but I think that was uncalled for ramanaji. As much as it is a very real possibility that the 'minor' might end up being attacked when he is out, I'd wish we focussed more on ensuring we amend the Juvenile act or whatever it is.

ramana · Post by **ramana** » 14 Sep 2013 08:54

TOI has an article on fears for the young perpetrator. He is in a remand home run by a famous foundation. Its not a prison. And he will be out in less than 3 years.

In case we forget the young girl for that is what she is despite the press claiming woman, died mainly due to the grievous injuries inflicted by the juvenile. And his brutal assault is chronicled in the judgment. And he has shown no remorse.

But for the blinders put by the politicians who passed the act this guy would have been tried and hanged along with the rest as he deserves.
Right now he serves as a role model for other murder rapists as seen by the Mumbai cotton mill rape case where the accused claim to be minors to get his punishment.

Lets not distance dim the perspectives.

RamaY · Post by **RamaY** » 14 Sep 2013 09:11

I am with Ramanaji on this. Every rapist, irrespective of the age, deserves death, the more artificial the better.

chetak · Post by **chetak** » 14 Sep 2013 11:22

ramana wrote:TOI has an article on fears for the young perpetrator. He is in a remand home run by a famous foundation. Its not a prison. And he will be out in less than 3 years.

In case we forget the young girl for that is what she is despite the press claiming woman, died mainly due to the grievous injuries inflicted by the juvenile. And his brutal assault is chronicled in the judgment. And he has shown no remorse.

But for the blinders put by the politicians who passed the act this guy would have been tried and hanged along with the rest as he deserves.
Right now he serves as a role model for other murder rapists as seen by the Mumbai cotton mill rape case where the accused claim to be minors to get his punishment.

Lets not distance dim the perspectives.

if the little fcukers are old enough to do the crime, they should not be supported and pampered by blinkered activists when it comes to doing the time.

Like some one tweeted,

old enough to do the crime but young enough to escape punishment.

Theo_Fidel · Post by **Theo_Fidel** » 14 Sep 2013 12:01

Ramana,

That problem with the law should be fixed.
There is no question of extra-judicial action being acceptable.
We must be a nation of laws.
Distance has nothing to do with it.
He is not a role model for anyone but demented thugs.
What are you talking about.

Law & Order is earned by society, often grievously.
We must remain law abiding even under the most trying of circumstances.
There are no short cuts.

chetak · Post by **chetak** » 14 Sep 2013 12:04

Theo_Fidel wrote:Ramana,

That problem with the law should be fixed.
There is no question of extra-judicial action being acceptable.
We must be a nation of laws.
Distance has nothing to do with it.
He is not a role model for anyone but demented thugs.
What are you talking about.

Law & Order is earned by society, often grievously.
We must remain law abiding even under the most trying of circumstances.
There are no short cuts.

We must remain law abiding even under the most trying of circumstances.

especially when outsiders use magnanimous Indian laws to rape Indians.

pradeepe · Post by **pradeepe** » 14 Sep 2013 15:03

Theo_Fidel wrote:It not over unfortunately. Even Nalini had her death sentence commuted.
We should keep following this case.

Those who hinted at extra judicial action action against the minor should rethink when the emotions are calmer....

I am one of them saar. When the state abrogates its responsibility, such things need to happen lest people lose faith in themselves. If not the chaos that follows then would be far more horrendous. Such things unarguably makes one queasy, but serve a purpose. They force the state machinery to step back in since their very reason to exist is no longer valid. We know the Govt reacts when they see themselves no longer wanted.
In this case the minor tag is just a tag, his meditated and horrendous act deserves no mercy. The victim wasnt shown any.

arindam · Post by **arindam** » 14 Sep 2013 15:10

While we all wish for the death of the rapists/criminals, the article in Hindu below provides some contrary view.

Crimes death cant wish away

In 1988, Paramount Pictures released a powerful, moving courtroom drama based on the trial, held five years earlier, for the brutal gang rape of an American woman, Cheryl Araujo. “The first scream was for help. The second is for justice,” went the movie’s tagline. That call for justice was never fully answered in Araujo’s case, since most of the six men initially charged with raping her were either acquitted or served just a few years in prison. But the sheer savagery of the act jolted the United States at a time the country was getting wealthier, and its elites showed little interest in attending to the proliferation of sexual violence, especially among the underclass and the marginalised in society. For people in India, the 2012 Delhi gang rape case has served this purpose, while sparing us the travesty of justice that was the Araujo trial. There is no question we have come a full circle since the gruesome act of rape and murder in December last year shook us to the bone: justice has been done, with all the accused, including the juvenile offender, having been found guilty before a court of law after expeditious trial. In the interim, the laws dealing with sexual crimes have been strengthened, and we have had, and continue to have, a robust national conversation on ways to tackle India’s alarming rates of rape and sexual assault. But amid these progressive efforts, the Sessions Court’s decision to hang all four adult accused to death marks a step back — since it will have the effect of substituting the need for greater social, legal and even political efforts to tackle the epidemic of crimes against women with the false comfort of retribution. {Kind of like, justice done let us move on}

The feeble link between the death penalty and its purported aim of deterrence should serve caution to the many among us who have welcomed the Sessions Court sentence with comfort, even alacrity. Handing down death to the Delhi gang rape accused is not likely to reduce the incidence of sexual crimes in India. In meting out the hangman’s justice — as opposed to putting the four away for life — the Sessions Court has regrettably missed an opportunity to turn the discourse away from retributive punishment to constructive dialogue on policing and legal reforms.{pages after pages are dedicated in BR for the same reforms} How are we going to convince ourselves that this was a criminal act among the “rarest of the rare” when several instances of rape and murder of varying brutality have been reported since December 2012? To hang rapists and suggest they are “exceptional” anti-social elements goes against every effort to spread the message that rape is only too commonplace in India. Tough as it may be to find a solution to this grave problem, death to sexual offenders is not the answer. Appellate courts must now swiftly intervene, reverse the trial court’s judgment and sentence all four convicts in the case to an actual lifetime in prison.

vishvak · Post by **vishvak** » 14 Sep 2013 15:35

[quote="arindam"]
While we all wish for the death of the rapists/criminals, the article in Hindu below provides some contrary view.
..
Appellate courts must now....
[<quote]
this is becoming another circle of ad-hoc nonsense again. The defense lawyer was talking about waiting for 2 months to appeal and see if another rape does not take place. Seems law seems to be sleeping for 2 months or weekends or where else.

What all kind of nonsense is now written in the name of Appalete court.

arindam · Post by **arindam** » 14 Sep 2013 17:27

^^ Law is blind and Indian criminal justice system is lethargic too!

Another long article, worth reading in entirety. A few nuggets from there.

India's willing executioners

No doubt, these men are guilty of various crimes, but mostly they have been awarded the death penalty because J died. Because of this the charge of premeditated murder could be brought against the rapists.

First, can the death penalty for rapists reduce the incidence of rape, i.e., will it really act as a deterrent? We simply do not have the evidence to make this case

Second, how can we, as a society, collectively express such deep anguish over J’s murder and rape and without blinking also support the death penalty for these men and others? I ask this second question, mostly to bring forward the argument that when these men were awarded the death penalty, there is an assumption that they were somehow ‘deviant’ in their behavior and so unfit to live in normal society. I question this assumption because rape is so frequent, so under-reported and so routinely committed by people women know and trust, that it is virtually impossible to sentence one in a small handful of men in India routinely to death for sexual crimes

In 2012, 24,923 rape cases were reported across India. Out of these, 24,470 were rapes committed by parents/family, relatives, neighbours and other known persons.This leaves us with a total of 453 cases of stranger rape. Even if our laws reflected the death penalty for rapists, based on the 2012 NCRB data, in 98 per cent of the reported rape cases we would, as a society, be hanging uncles, fathers, brothers, cousins and people known to us.

The current verdict of the Delhi rapists has been given, not just by a fast track court, but also by a society that can find deeply frightening rationales to justify violence against anyone on any pretext. We, as a society, have handed the death sentence to the Delhi rapists.

The problem also lies with the police as first responders to incidents of rape who file faulty charge sheets that cannot be held up in court and lead to acquittals and it lies with first responders who blame the victim for being raped. The problem is compounded by mothers-in-law who will not stop demanding dowries and expensive wedding gifts from families of prospective daughters-in-law. It is exacerbated when “keepers of Indian values” harass young couples and believe that a woman who has a boyfriend is “habituated to sex” and can be raped, and, it continues every time someone advises a woman to not report that she has been raped.

It seems until we go for the much needed and prescribed Police and Judicial reforms this type of vigilante justice would take the center stage.

"Andher nagari, chaupat raja, takeh ser bhaji, takeh ser khaja"......

JwalaMukhi · Post by **JwalaMukhi** » 14 Sep 2013 19:43

Law must be followed, especially when one is not an italian marine. If one is an italian marine, a true original secularist, who offs other lesser secularists then the law will be bent like a spineless twig, let alone being blind, it will be lifeless twig.
Laws are subject to who is at the wrong end of the "partially blind law". It will be partially blind based on how secularists feel like.
One can only imagine how an Indian secularist Anand Jon would have been handled by the "blind law" if he had to face justice in Indian courts. Mercifully, that secularist is now fully facing criminal justice system in a fully truly "secular' country where he won't have to complain of being "secular".

JwalaMukhi · Post by **JwalaMukhi** » 14 Sep 2013 20:10

Well, the point being, laws were bent to accommodate exceptional circumstance, because secular beliefs (to allow secular celebrations during festive season) of secularists marines should not be violated. Hence law was selectively applied (partially and willfully blind) based on who were at the receiving end, no matter how trying the circumstance maybe the law will be bent.

Under the exceptional circumstance of this murdering rapist criminal who took the cover of being juvenile should have been treated as an adult. But exceptional circumstance couldn't be invoked because the victim/s were not secular, while the criminal facing justice was secular. So, the law (partially and willfully) chose to play strict by the playbook.

Yes, there are more victims than just the victim who primarily lost life. The siblings, parents and society as a whole are victims of this 'secular juvenile criminal'. Hence, all nonsecularists please take it in stride and follow the playbook however trying it maybe, as secularists would have us believe.

Theo_Fidel · Post by **Theo_Fidel** » 14 Sep 2013 20:51

The Italian marines are in India under trial. The court is deciding their fate.

The victim cannot be treated as an adult because the law saws so. There no exception yet that is applicable.

RamaY · Post by **RamaY** » 14 Sep 2013 21:04

Theo_Fidel wrote:Ramana,

That problem with the law should be fixed.
There is no question of extra-judicial action being acceptable.
We must be a nation of laws.
Distance has nothing to do with it.
He is not a role model for anyone but demented thugs.
What are you talking about.

Law & Order is earned by society, often grievously.
We must remain law abiding even under the most trying of circumstances.
There are no short cuts.

Yes law and order must be followed to T. But here the Govt is not responding to the majority public call to rewrite the laws, for it got distanced itself from the society it governs.

On a normal day, the law would have been changed on the next day of the rape and this rapist hanged the next day. At worst the rapist would have been hanged the day he turned 18.

Thanks but no thanks for speeches on laws and constitution.

Brad Goodman · Post by **Brad Goodman** » 14 Sep 2013 21:43

'Most brutal' juvenile of Delhi gang-rape case heard the death sentence for his co-accused and promptly switched channels to watch a Govinda movie

Looks like he is already reformed watching Govinda movies. Hell with this system ak thoo

Brad Goodman · Post by **Brad Goodman** » 14 Sep 2013 21:53

Delhi gangrape: The juvenile, at home

At the home, the inmates get up around 6 am daily. This is followed by a customary wash and then hour-long meditation. Breakfast is served at exactly 8 am. By 10 am, the teenager is given a newspaper and advised to watch the news, especially to learn about "national issues".

After an hour or two of reading or watching television, he is asked to step out of his room and interact with the other inmates in the presence of officials. They usually play indoor games around this time or "huddle around sharing their stories", says an official. Lunch is usually served at 1 pm.

Saturdays are considered "special" days, when the inmates are given chhole-bhature for breakfast, can have puris at meals and are served paneer for dinner. While an effort is made to serve them sweets with every meal, kheer and halwa are an added attraction on Saturdays.

"This is not a place where inmates are punished. Our job is to ensure they reform... Small things such as this go a long way," says an official. The stress being on reform, no manual labour is expected of the inmates.

Post lunch, the classes begin, with volunteers, teachers, trainers, counsellors coming in. Every juvenile is engaged in either his classes or in learning vocational courses at this time.

Classes usually end by 5.30-6 pm, after which the inmates are allowed to take a break till dinner, which is served at 8 pm. By 10-10.30 pm, they are expected to be in bed.

Although the teenager does not talk much about the case, sources say he had confessed to officials about the December night he "made a mistake" and "joined the others" in the gangrape.

The conviction hadn't come as a surprise to him, they add. He will serve 28 months, eight months being deducted for the time he has already spent as an undertrial. Despite the frenzy as he was produced in court with an orange towel wrapped around his face, with police personnel enclosing him tightly in a circle, the sentencing may have even calmed him down. "These days he has become more comfortable with his surroundings. He is eager to go for meditation every morning before breakfast. He is confident while speaking to the other inmates and the guards inside the house. We will slowly get him to interact more frequently with the other kids," says an official

This is what they give for taking away a life in most brutal manner

harbans · Post by **harbans** » 14 Sep 2013 22:23

^ Yes and he has an AC room with Cable TV to boot, has chole batture, Kheer and learns the guitar and specialty cooking. Normal struggling Indian kids don;t get such opportunity from the state. The state is making it tempting for a 16-18 year old to commit major crime.

RamaY · Post by **RamaY** » 14 Sep 2013 22:32

Harbans garu,

Not all 16-18yr olds are same. The more Abrahamic the better (the real Indic minorities do not count for the constipation of India grouped them with evil Yindus). And the ghastly the rape the better.

One can add one plus one and where we are heading.

chaanakya · Post by **chaanakya** » 15 Sep 2013 00:05

ramana wrote:
Theo_Fidel wrote:It not over unfortunately. Even Nalini had her death sentence commuted.
We should keep following this case.

Those who hinted at extra judicial action action against the minor should rethink when the emotions are calmer....
Theo, Are you batting for that vicious murderer? The most grievous wounds were inflicted by him.

Losing the moral compass?

That is little uncharitable Sir. Theo garu's Moral compass is well founded. No doubt about it.

We cant be a civilized nation if we follow the rule of criminals. We go by Rule of Law and deem it equally applicable to all. If we have an issue with the Law better we change it. But as long as it stays that Juvenile, however , vicious his act may be, he stays. If we ever cross that boundary from civilized to uncivilized we are bound to loose oral compass ourselves and descend into chaos. We feel angry but cant overlook the Law. What's the difference between us and them, then?

chaanakya · Post by **chaanakya** » 15 Sep 2013 00:12

RamaY wrote:
Yes law and order must be followed to T. But here the Govt is not responding to the majority public call to rewrite the laws, for it got distanced itself from the society it governs.

Yes , Change the Govt. That option is there. Then ask them to change the Law. No issues

On a normal day, the law would have been changed on the next day of the rape and this rapist hanged the next day. At worst the rapist would have been hanged the day he turned 18.

May I ask in which nation that Normal day exists when you can change the Law overnight and hang the rapist next day he turned 18?? I would like to be enlightened. Is that nation a Model nation for us to emulate>

Thanks but no thanks for speeches on laws and constitution.

You are far more wise and educated and erudite to be given lecture on L&O Sir. Perhaps he was stating the obvious , for the benefit of others.

Karan M · Post by **Karan M** » 15 Sep 2013 01:03

The institution idiots who are mollycoddling this young turd need to wake up and see what they are doing in the guise of their liberalism. Juvenile my ... He knew perfectly what he was doing and deserves to hang for what he did to that poor girl.

RamaY · Post by **RamaY** » 15 Sep 2013 01:33

Chanakya garu,

The law has two responsibilities. One is to prevent/preempt things like rapes and another is to punish the guilty.

On the question of age of the culprit, that rapist was old enough to not only rape a girl but also old enough to hurt in the ways not even an adult, forget about a child, would think.

When the law becomes an excuse to not to punish such rapists, then that law has no meaning. And I wonder whether it is wisdom or law-abiding citizenery when people use such excuses to support this nonsense.

It was against law when Jesus came up with the stuff he came up with. It was against law when Galileo came with his stuff. It was legal to have slaves till late 1800s. So should we agree with all the people who indulged in inhuman stuff just because they were legal/constitutional in their days? This is the logic of Christian church and Communism, who always apologize for their past genocides while continuing with their new crimes.

That is why Ramanaji's question about individual 'Moral Compass'. Such moral compass doesn't need laws and constitutions/constipations to do the right thing. The laws and constitutions have been written million times.

Only prejudiced hide behind such laws and constitutions.

ramana · Post by **ramana** » 15 Sep 2013 02:09

Theo and Chanakaya, Where did I say the law must not be followed?

It is the UNHC on child's rights that suggested 18 years for juvenile age determination. It however rule dout heinous crimes. Its GOI that dispensed with that measure and passed the generic juvenile act.

I still think the juvenile is a murderer and a rapist and the court has said so. However the court has also sentenced him to a remand home.
All that is following the law but does not give justice.

In one way the all exempting Juvenile Act incentives criminalization of the youth for the perpetrators can get away with heinous crimes.

Philip · Post by **Philip** » 15 Sep 2013 03:54

I agree with Chetak about the little fcukers.In fact,if rape is committed by a minor and the death penalty cannot be delivered,then castration should be enforced so that the little "F"s will never ever commit such a depraved crime again.

In fact,this is not a case of the "rarest of the rare".Rape in India has become as common as a gully cricket match.It is these days a "sport and pastime" ,or should one instead say "time-pass" for the depraved and sadists of our nation.Any case of rape should get a sentence of not less than 25 years,castration included,and rape with aggravated violence leading to murder an automatic death sentence,first castration,and then a public hanging,thrice-to make sure that the demon has truly been sent to the next world.

ramana · Post by **ramana** » 15 Sep 2013 05:17

All those unaware should subscribe to the twitter feed #Endviolenceagainstwomen created by Lilo and ruminate.

Philip is absolutely right about how common the crime has become.
In West rape is an euphemism for adultery and is not judged severely. In India it a crime against gender. To use same standards as in West is idiocy.
How can we saw we are for equal rights for our girls and women and let off rapists and gang rapists easily? Isn't there cognitive dissonance at work?

member_27444 · Post by **member_27444** » 15 Sep 2013 05:33

If a male irrespective of age is able to commit rape and penetrate is not a minor, even though the individual chronological age is below certain threshold period.

RamaY · Post by **RamaY** » 15 Sep 2013 06:23

http://www.madhyamam.com/en/node/16106

Amrita University readies device for women's safety

Thiruvananthapuram: A security device put together at the Centrel for Cyber Security Systems and Networks at the Amrita University in Kerala promises to offer women the chance of alerting their families when attacked.

Krishnashree Achuthan, director of the Kollam-based Amrita University's Centre for Cyber Security Systems and Networks, led the team which developed the Amrita Personal Safety System (APSS).

"APSS is an inconspicuous, wearable and easy-to-operate electronic device that will help girls and women to trigger communication with family and police when in distress. The device will remain invisible to the offender and yet can easily be triggered by its user with multiple options to ensure stealthy and secure communication," Achuthan said.

The nationwide outrage sparked by macabre incidents like the Dec 16 rape and death of a girl in Delhi set the Amrita Centre cyber-security professionals to work.

The Amrita Centre for Cyber Security is making efforts to ensure that this device is securely lodged in an earring or a ring.

"We are designing it so that it can be affordable. The device will soon be equipped with technology that can videotape events," added the director.

A distinct feature of APSS is that it can function even in rural areas where the speed of communication is minimal.

Also, this device intelligently combines many location-aware technologies and it can function both indoors and outdoors.

"This customisable device provides flexibility in design so it can be easily worn, and integrates more than 15 features pertaining to women's safety and security. Significantly, it can also be used as a safety device for mentally challenged people with many functionalities to quickly identify their whereabouts," said Achuthan.

The centre's director recalled that her team of researchers were inspired by Amrita University's chancellor Mata Amritanandamayi Devi.

The APSS prototype will be formally unveiled during Amritavarsham 60 - the 60th birthday celebrations of Amritanandamayi, Sep 26-27 at her ashram at Kollam.

ramana · Post by **ramana** » 15 Sep 2013 10:17

Looks like shoddy investigation by Delhi Police in past rape cases has lead to the low conviction rates

Hindu:

http://www.thehindu.com/news/national/d ... 129701.ece

Delhi rape case judge convicted rarely, but fingers point at police

Rukmini S

New Delhi

In many cases, witnesses turned hostile, or police statements didn't match victim statements

The judge who convicted four men for the gang rape and murder of a Delhi girl had handed down only two other rape convictions in the last five years, court data shows. However, this record seems to raise more questions about the investigation process than the legal process.

Supreme Court advocate K. V. Dhananjay with a team of advocates who work with him analysed all orders passed in the last five years by Additional Sessions Judge Yogesh Khanna of the Saket District Court in New Delhi, and shared this data with The Hindu. Mr. Dhananjay looked at all orders in criminal cases, those in rape cases alone and those that involved convictions in Mr. Khanna’s court from January 1, 2009 to September 9, 2013.

He found that no rape cases came to Mr. Khanna in 2009 and 2010. In 2011, Mr. Khanna passed final orders in seven rape cases, all of them acquittals. In 2012, ten rape cases came to his court and all resulted in acquittals. In 2013, 15 cases had come to his court by the time Mr. Dhananjay accessed the data on the September 9, and all had resulted in acquittals.

{Looks like Mr Dhananjay was trying to dig some dirt on Judge Khanna and couldn't find it!!! Can the Bar Council haul him up to find out his motives in looking at past conviction history of the Judge?}

The Hindu independently verified this data from the website of the district courts, and found two additional orders passed by Mr. Khanna in 2013, both of which had resulted in convictions. Mr. Dhananjay pointed out to The Hindu that both of these judgements had been uploaded on September 11, a day after he had circulated his findings among some members of the legal fraternity.

In total, of the 203 cases involving rape (IPC section 376) that Mr. Khanna had heard from January 1, 2009, to the day he convicted four men in the Delhi bus case, Mr. Khanna had passed convictions in two cases.

A reading of the judgements shows that in several cases, witnesses and victims turned hostile, in others the victim could no longer be traced, while in several others the police statements did not match what the victim or witnesses said in court. Moreover, in one of the two convictions Mr. Khanna relied almost solely on the testimony of the victim and dismissed the defence’s argument that the victim’s lack of injuries implied consent, which would suggest that the court’s low conviction rate did not appear to arise from any judicial bias.

“Low conviction rates in rape cases are primarily a result of the low quality of police investigation,” Supreme Court lawyer Rebecca John who has worked on several rape cases said. “Yes, there are cases where prejudices on the part of the judges creep in, especially when the prosecutrix [rape victim] and the accused are known to each other, or when there is an absence of injuries. But on the whole, conviction rates in all criminal cases would be much higher if the police did a better job of investigation,” Ms. John said.

With its quantity of medical evidence and witnesses, the Delhi bus case was such that it would have taken a particularly incompetent police force to bungle, Ms. John said. “But cases in which there’s plenty of medical evidence are rare not just in Delhi but all over India too,” she said. ,” she added.

Printable version | Sep 15, 2013 10:39:50 AM | http://www.thehindu.com/news/national/d ... 129701.ece

© The Hindu

chaanakya · Post by **chaanakya** » 15 Sep 2013 10:45

RamaY wrote:Chanakya garu,

The law has two responsibilities. One is to prevent/preempt things like rapes and another is to punish the guilty.

On the question of age of the culprit, that rapist was old enough to not only rape a girl but also old enough to hurt in the ways not even an adult, forget about a child, would think.

When the law becomes an excuse to not to punish such rapists, then that law has no meaning. And I wonder whether it is wisdom or law-abiding citizenery when people use such excuses to support this nonsense.

It was against law when Jesus came up with the stuff he came up with. It was against law when Galileo came with his stuff. It was legal to have slaves till late 1800s. So should we agree with all the people who indulged in inhuman stuff just because they were legal/constitutional in their days? This is the logic of Christian church and Communism, who always apologize for their past genocides while continuing with their new crimes.

That is why Ramanaji's question about individual 'Moral Compass'. Such moral compass doesn't need laws and constitutions/constipations to do the right thing. The laws and constitutions have been written million times.

Only prejudiced hide behind such laws and constitutions.

When our Moral Compass point to need of change in Laws , by all means it should be done. Change direction in which compass point to.. No disagreement. In fact that is going to be changed as the work is in progress. Need to navigate so many pitfalls and moral situations. But I asked which country did it in one day and hanged rapist next day.

I think India has changed Rape Law pretty fast. The Juvenile Law will also be changed.

As for Moral Compass, it should point to right direction in which to proceed to. No doubt about that. But after that you need to change the laws, though it may have been changed a zillionth time.Still need to be changed and till such time have to be followed by instruments of the state and Society.

chaanakya · Post by **chaanakya** » 15 Sep 2013 10:53

ramana wrote:Theo and Chanakaya, Where did I say the law must not be followed?

It is the UNHC on child's rights that suggested 18 years for juvenile age determination. It however rule dout heinous crimes. Its GOI that dispensed with that measure and passed the generic juvenile act.

I still think the juvenile is a murderer and a rapist and the court has said so. However the court has also sentenced him to a remand home.
All that is following the law but does not give justice.

In one way the all exempting Juvenile Act incentives criminalization of the youth for the perpetrators can get away with heinous crimes.

No, you never said that and I doubt you would ever say that. Neither does theo. Nor would I.

Juvenile Laws need to be changed and India erred on the side of too much caution. But as long as Law exists that will be followed. Cant be deviated howsoever we may want it. I think, and not speaking on behalf of theo garu, he meant precisely that.

Law does not always end in delivering Justice. Once in a while we are faced with moral situations like this and the Law is changed.

That Juvenile is convicted of all the crimes he is ( along with fellow accused/convicts) charged with. He is a murderer and a rapist of first order and will remain so. being Juvenile sentence is limited to three years and that is what Court has awarded. It had no jurisdiction to give anything more. And certainly there is need to change this Law.

chaanakya · Post by **chaanakya** » 15 Sep 2013 10:59

ramana wrote:Looks like shoddy investigation by Delhi Police in past rape cases has lead to the low conviction rates

Conviction Rate in all crimes are quite low and in rape cases and even in murder cases it is dismal. The fingre is pointed to Police in general and not only Delhi Police. Even Courts are not very forthcoming. Evidence Act is quite strict.
Another point which is often overlooked in all stat is that conviction rates in trial in lower judiciary is better than in appeal cases.

Karan M · Post by **Karan M** » 15 Sep 2013 11:13

The law makers are cautious because the bleeding hearts point out that many of our law enforcement guys end up doing all sorts of shady stuff and even the CBI is not above manipulation. They are not wrong in that. One has to see the corruption first hand to understand. So laws get watered down. However, I wish there was a way to provide exceptional punishment for a crime proven beyond doubt.