Recently a video has become viral which is about Cafe Coffee Day woman employee slapping a male customer named Arpan after he is shown making video of the generously crawling cockroaches inside the refrigerated display cabinet where snacks are kept. The 18 seconds long video can be seen on YouTube below: Time sequence of events at Jaipur Cafe Coffee Day (CCD) It seems the actual incident happened 2 weeks back on March 13th and Cafe Coffee Day didn’t respond to Arpan’s legal notice sent on March 21st, but the whole thing started to unfold as a drama after the …[Continue Reading]
Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC
Lot of the time people who are facing false cases — be it IPC 498A, false domestic violence allegations under DV Act, — tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints. All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with …[Continue Reading]
Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ …[Continue Reading]
Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that …[Continue Reading]
After Rohtak sisters episode, Haryana women’s commission wants to prosecute women for filing false cases!
The ‘braveheart’ Rohtak sisters fiasco has probably shown name of Haryana in such ‘limelight’ that the chief of women’s commission there has instructed Superintendents of Police to book case against all false complainants under IPC 182, to check the misuse of laws meant to protect women. No need to guess which which laws: IPC 354 (outraging modesty of a woman), IPC 376 (rape), and so on. http://www.tribuneindia.com/news/haryana/sps-told-to-book-women-for-false-complaints/49275.html In order to prevent the misuse of Acts in the name of crime against women, the Haryana State Commission for Women (HSCW) has asked the SPs of all districts to book case against …[Continue Reading]
Mumbai man acquitted from false rape charge after 21 months in jail
http://www.mumbaimirror.com/mumbai/crime/After-21-months-jail-man-accused-of-raping-minor-acquitted/articleshow/46239290.cms Casual labourer Rahul Chowdhary, 35, was arrested on May 5, 2013 for allegedly raping the 4-year-old who lived nearby. He was arrested by Nalla Sopara police and charged under Section 376 (rape) and Protection of Children Against Sexual Offences Act. The trial began late 2014, and resulted in the first acquittal in Vasai court of a man charged under POCASO. “Sessions Judge S G Mehere acquitted my client for lack of evidence,” Chowdhary’s lawyer Digambar Desai said. “During in camera proceedings, the girl revealed that her mother tutored her to say she was raped. During medical examination some scratch …[Continue Reading]
Marital rape not a crime in India… yawn, being a married man can be though!
Feb 18, 2015: The Supreme Court Tuesday refused to entertain a woman’s plea to declare marital rape a criminal offence, saying it wasn’t possible to order a change in the law for one person. A Delhi-based MNC executive had told the court that her husband repeatedly resorted to sexual violence but she was helpless as marital rape was not a crime in India. “You are espousing a personal cause and not a public cause…This is an individual case,” a bench of justice AR Dave and justice R Banumathi said, refusing to take up her plea. The woman had challenged the …[Continue Reading]
Understanding the divorce industry in India
On Oct 26, 2014, Navodaya times (part of Punjab Kesari group) had published my interview as part of their Purush Shakti feature. The headline of the interview was titled as “All is well with the ongoing divorce industry”. As far as I know, this is the first time a media article has acknowledged the words divorce industry in an article headline, or probably even in body of the story. Now question may be asked that what is this animal called divorce industry, and whether it is justifiable to call something unfortunate as divorce as part of any industry? Is divorce …[Continue Reading]
Mumbai High court gives anticipatory bail in IPC 376 ‘technical’ rape allegation
http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms The important parts of the judgment which relate to merits of the case are below: Seema, who claimed she was pregnant with Rahul’s child, said despite promising to marry her, he had married another girl. Rahul claimed the relationship was consensual, and they could not marry as they belonged to different religions. Rahul and Seema, both lawyers, knew each other since 1999 and had a physical relationship since 2006. Seema claimed he had promised to marry her. In 2009, when he said he could not, she had tried to commit suicide. They continued physical relations even after that. … …[Continue Reading]
Rohtak sisters ‘molestation’ case: first media circus, and now investigation circus
According to latest news, a local Haryana court has allowed polygraph (lie-detector) test on both 3 boys accused of molestation and the accusers — Rohtak sister duo. http://www.dnaindia.com/india/report-local-haryana-court-allows-polygraph-test-on-rohtak-sisters-2044217 Consent had been sought from the victims to conduct lie-detector test on them, to which they agreed, the victims’ lawyer told reporters. He said SIT’s investigating officer Manjeet Singh had sought the consent from the victims. Contrary to people’s opinion that such exercises will bring out the truth quickly into the open, it is an exercise in frustrating the easier and true course of investigation and justice: use information given by eye-witnesses. …[Continue Reading]
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