Jabalpur:

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”.

In his order of July 2, Justice Sanjay Dwivedi also observed that the matter appears to be an abuse of process of law.

As per the order, the woman and man are well-educated persons and had physical relations out of their “own free will” for over 10 years. They broke up after the man refused to marry her, it noted. However, it does not mean that a rape case could be registered against the petitioner (man), the court said.

“In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law,” the court said.

In this matter, the court said, even IPC section 366 (inducing a woman to compel her for marriage) is not made out against the man. “Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed,” it said.

The man was booked for rape and other charges by the Police Station Mahila Thana in Katni district in November 2021. He eventually moved the HC for relief. 

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Bhopal:

Police on Tuesday arrested the owner of a Bhopal-based private school in connection with the rape of an eight-year-old girl student at the educational facility’s hostel, two weeks after a complaint was filed, an official said.

A police sub-inspector, who was suspended earlier for pressuring the girl’s mother to not file a complaint, was also arrested, he said.

The police had booked three unidentified persons after receiving a rape complaint on April 30 but did not say when the crime took place.

Deputy Commissioner of Police (DCP) Shraddha Tiwari said after a verification exercise, the school owner was arrested on Tuesday on charges of rape and the process to identify his two co-accused was underway.

Tiwari said suspended sub-inspector Prakash Singh Rajput was also arrested for putting pressure on the victim’s mother to not register a police complaint.

After the incident, Chief Minister Mohan Yadav had ordered a probe by a Special Investigation Team (SIT).

After the family of the girl, a Class 2 student who resided in the school’s hostel, filed the complaint on April 30, an FIR was registered against three unidentified persons under Indian Penal Code (IPC) section 376 (punishment for rape) and provisions of the Protection of Children from Sexual Offences (POCSO) Act. 

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New Delhi:

The Delhi High Court on Tuesday held guilty a father of repeatedly raping his minor daughter for two years, reversing a trial court decision that acquitted him of all charges on the basis of delay in reporting the matter.

A bench headed by Justice Suresh Kumar Kait allowed appeals by the State as well as the victim along with her mother and brother against the acquittal, and remarked that instead of finding a “monastery” in her father’s lap, the minor girl found a “monster”.

Holding that every delay in reporting the matter cannot be branded fatal in a mechanical manner, the court noted that the victim, who was 10 years old at the time she was first raped, tolerated sexual assault by her father for approximately two years afterwards. She went to the police after noticing that her father had beaten her mother and brother instead of mending his ways, the court said.

It held that the testimony of the victim inspired full confidence and the trial court gave unwarranted weightage to superficial contradictions.

“The wrongdoer was not any outsider or stranger. The victim must have thought that she would find a ‘monastery’ in the lap of her father. Little did she realise that he was rather a ‘monster’,” the bench, also comprising Justice Manoj Jain, said.

“In view of the apparent compelling reason that the finding recorded in order of acquittal is contrary to the evidence, we have no hesitation in reversing the same. 106. Consequently, we hereby allow both the appeals and hold the respondent guilty for commission of offences punishable under Section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act and Sections 506 (Punishment for criminal intimidation) and 323 (Punishment for voluntarily causing hurt) IPC,” the court held.

The trial court had passed the order in June 2019 following the registration of a case in 2013.

The court directed that the matter be listed on May 24 for arguments on sentence.

In the order, the court observed that such incidents of sexual assault are often not reported because the victim and her family members feel that their image and repute would be tarnished and even in the present case, the victim claimed to have told her mother about the incidents but she was snubbed.

The court said it “strongly” felt and believed that the incident of the father beating up her mother and brother acted as a catalyst and acted as a “saturation point” for the victim and her family and therefore the delay could not be said to be fatal.

“We need not remind ourselves that we are dealing with a matter where a daughter has been raped by her own father inside her own house, not once but repeatedly… It is not difficult to understand the dilemma of such a mother as well,” the court stated.

“In a patriarchal set up, which is still very much predominant in our country, such matters are either not reported at all or reported when it is beyond the tolerance of the victim. Here, the victim did not see any ray of hope as her father, despite being questioned, did not mend his ways and scolded not only his wife but also the victim and in such a peculiar situation, the victim kept on tolerating such sexual assault for approximately two years,” added the court.

The court remarked that had the parties immediately rushed to the police, the victim might have been saved from perpetual trauma and sought a report on the payment of compensation to her. 

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Bareilly (Uttar Pradesh):

A minor girl was allegedly raped by two youths in the Faridpur police station area of Bareilly, police said on Saturday.

The minor’s health deteriorated after the alleged crime as she fell unconscious, the police said, adding that the accused tied her hands and legs and threw her under a trolley before fleeing the scene.

The police reached the spot after receiving word of the alleged crime and rescued the minor from under the trolley.

It took a long time for the minor to regain consciousness, the police informed, adding that she narrated her ordeal to her family members.

A complaint was registered against the accused, the police informed, adding that an investigation is underway.

This is a developing story and more details are awaited.

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Ajmer:

A class 12 student in Rajasthan has alleged that her school did not let her appear for board examinations as she had been gang-raped last year. The student, in her complaint, alleged that the school officials told her that the “atmosphere would be spoiled” if she appeared for the exam.

The private school in Ajmer though claims they did not give an admit card to the student as she had not attended classes for 4 months.

The matter came to light when the student approached a teacher at another school, who advised her to call the child helpline number. Ajmer’s Child Welfare Commission (CWC) has filed a case and will take necessary action after the investigation.

CWC chairperson Anjali Sharma said she had spoken to the student about the entire incident. She said that while the investigation is on, their priority is to ensure that the girl can take the exams she missed in March.

The student was raped by her uncle and two other men in October last year. She told Anjali Sharma that the school had then suggested that she study from home as her coming to school could “spoil the atmosphere”. She agreed and had been preparing for her board exams at home.

When she went to collect her admit card, she was told that she was no longer a student of the school. She then realised that the school had barred her from entering immediately after her rape as the parents of other students objected to her presence.

“When I spoke to the girl, she told me that she was dejected as she is a bright student. She had scored 79% in her class 10 board exams,” Anjali Sharma told NDTV.

“The girl could have done well if she had appeared for her 12th boards, but she may lose a year due to the school’s negligence,” she added.

Baripada:

Two police personnel of Jamda in Odisha’s Mayurbhanj district were arrested by officers of the same police station in connection with two rape cases. The arrested are an assistant sub-inspector of police and a home guard, said Minati Naik, the officer in-charge, Jamda police station.

The ASI was arrested on Tuesday for allegedly sexually assaulting a minor girl who worked as a domestic help in his house. The home guard was arrested on Monday for allegedly raping a minor girl from Jharkhand, she said.

Both of them were arrested under POCSO and forwarded the two men to the court dealing with cases related to the act.

Ms Naik said the ASI engaged the minor girl to take care of his three children after the death of his wife. The minor girl’s aunt recently filed a complaint at the Jamda police station alleging that he had developed sexual relations with the girl promising to marry her.

The police arrested the ASI after recording the victim’s statement. A medical examination of the accused was conducted.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

Noida:

The Noida Police has lodged an FIR on charges of forgery against a man in connection with the rape and murder of a girl by his son seven years ago, officials said on Wednesday.

It has also booked the principal of a private school in Kanpur Dehat for helping him with the forged mark sheets for his son, they said.

The father is accused of producing fabricated school mark sheets in the court to claim that his son, accused of rape, was a juvenile at the time of the crime, they said.

They are accused of misleading the court by showing the son’s age as 17 at the time of the crime while he was actually 19, as claimed by the mother of the victim, an order issued by Juvenile Justice Board principal magistrate Divykant Singh Rathore read.

The case pertains to the rape and murder of a 17-year-old girl at her rented accommodation in Greater Noida in 2016 by her cousin, who lived in Mandavali area of Delhi.

An FIR in the matter was registered on October 9 at the local Phase 2 Police Station after an order from the Juvenile Justice Board member Arun Kumar Gupta.

“The man has connived with the principal of a school in Kanpur Dehat district and produced forged and fabricated educational documents for his son which were produced in the court to declare that his son was juvenile at the time of the incident,” the JJB member noted in his October 4 order meant for the local police.

“In this situation, the crime committed by the father of the accused is punishable under Indian Penal Code sections 465 and 468 and fall under cognizable offence category,” Gupta noted, directing the police to lodge an FIR against the man.

Vindhyachal Tiwari, the Phase 2 Police Station in-charge, said an FIR in the matter has been filed under IPC 465, 468, and 471– all pertaining to forgery of documents.

“Police teams are working to arrest the accused. The accused were not found at the residential address but searches are underway to ensure their early arrest,” Vindhyachal Tiwari told PTI on Wednesday.

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New Delhi:

A Delhi court on Wednesday summoned BJP leader Syed Shahnawaz Hussain on a woman’s complaint alleging rape and criminal intimidation. The court took cognisance of the alleged offence and directed the former Union minister to appear before it on October 20.

“This court, after going through the cancellation report, protest petition filed by the complainant, the reply to the protest petition filed by the IO and other material on record is of the view that the complainant has given consistent statements to the police, to the court in her application and before the Ld. Magistrate in her statement u/s 164 Cr.PC,” the judge said.

The police had filed a report before the court seeking cancellation of the FIR.

The judge dismissed the police report, saying, “The issues raised by the IO (investigating officer) while filing the cancellation report…are matters which can be decided during trial.”

 “Moreover this court is of the view that the version of the complainant and her trustworthiness can be tested only during trial when she is cross-examined by the accused and so this court on the basis of material placed on record along with the cancellation report especially the statement of the complainant… wherein she has supported her allegation of rape and threats by accused Syed Shahnawaz Hussain… this court takes cognisance of the offences,” the judge said.

The judge took cognisance of the alleged offences, which are punishable under various provisions of the IPC including sections 376 (rape) and 506 (criminal intimidation).

“Accordingly, accused Syed Shahnawaz Hussain be summoned through SHO PS Concerned for the next date of hearing,” the judge said.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

Pratapgarh (Rajasthan):

Rajasthan police have constituted a special investigation team to probe the death of two minor girls who died allegedly by suicide after consuming poison on Saturday.

According to the police, in a complaint filed by the girl’s father, two minor girls were studying and staying in Peepal Khoont in a hostel and alleged that they were harassed by three teenagers, including a minor.

The three accused have been detained by the police.

S Parimala, IG Police, Banswara told ANI “We received info in Ghantali police station that two minor girls have consumed poison. The girls who consumed poison were referred to a hospital where they were declared dead. Their relatives reported that these two minor girls were studying in Peepal Khoont and alleged that they were harassed by a minor boy, and two of his friends, who have been detained. A special investigation team has been constituted to probe the incident.”

BJP’s Rajasthan chief and leader of opposition in the state, Rajendra Rathore targeted Ashok Gehlot’s government on the incident and said that the incident is also a question mark on the poor law and order system of the state.

“Atrocities against women and daughters are at their peak under the jungle raj of Congress. The incident of suicide by two schoolgirls troubled by teasing in Pipalkhunt of Pratapgarh district is shameful to humanity. This incident is also a question mark on the poor law and order system of the state. This is not the first case under the rule of @ashokgehlot51 ji who has failed as the head of the Home Department,” Rajendra Rathore said on X.

New Delhi/Allahabad:

Referring to live-in relationships, Allahabad High Court earlier this week observed that a “systematic design is working to destroy the institution of marriage in India.”

The high court made the observation while granting bail to a man accused of raping his live-in partner.

The single bench of Justice Siddarth said that “the security, social acceptance and stability”which the institution of marriage provides to a person is never provided by live-in-relationship. “The brutish concept of changing partners in every season cannot be considered to be a hallmark of a stable and healthy society,” he said.

The high court observed that middle-class morality cannot be ignored in India. “Live-in-relationship shall only be considered as normal after the institution of marriage becomes obsolete in this country, like in many of the so-called developed countries where it has become a big problem for them to protect the institution of marriage,” the high court said.

In its order, the high court also noted that with a similar trend in the country, “we are proceeding to create a great problem for us in future.”

“Infidelity to a partner in a married relationship and having a free live-in-relationship are being shown as signs of a progressive society. The youth gets attracted to such philosophy being advanced, unaware of the long-term consequences”, the high court said.

Adnan was accused by his live-in partner of resiling from his promise to marry her. He was arrested in April this year on the basis of a complaint filed by the 19-year-old woman in Uttar Pradesh’s Saharanpur.

They lived together for a year. When the woman got pregnant, Adnan refused to marry her, following which, the woman filed a complaint against him, alleging that he had sex with her on the false promise of marriage.