Rapist can be awarded lesser punishment for special reasons: SC

March 1, 2015

New Delhi, Mar 1: The Supreme Court has said that a rape convict can be awarded lesser punishment if courts find "adequate and special" reasons for doing so.

Though a bench of justices M Y Eqbal and Pinaki Chandra Ghose upheld the conviction of Madhya Pradesh resident Ravindra in a 20-year-old rape case, it allowed him to walk free after imposing a jail term already undergone by him.

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Referring to a case law, the court considered as "adequate and special" reasons the fact that the trial was protracted and both convict and the victim have married separately.

It also lent weightage to the fact that they have even entered into a compromise.

Section 376 (2) (g) of the IPC provides that the courts "for adequate and special reasons to be mentioned in the judgement" may impose a sentence of imprisonment of either description for a term of less than 10 years.

"We are of the opinion that the case of the appellant is a fit case for invoking the proviso to Section 376(2)(g) of IPC for awarding lesser sentence, as the incident is 20 years old and the fact that the parties are married and have entered into a compromise, are the adequate and special reasons," the bench said.

Ravindra was held guilty for rape by a trial court and was awarded 10 years rigorous imprisonment for raping a woman working in his fields on August 24, 1994.

The Madhya Pradesh High Court dismissed his appeal in 2013 and upheld his conviction and sentence, saying that in prosecution of rape, the law does not require corroboration of evidence.

The apex court agreed with the contention of Ravindra that he and the victim have entered into a compromise and she does not want to proceed with the case against him and wants to close the case as both of them are married (not to each other) and have settled in life.

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April 11,2024

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Bengaluru, Apr 11: Congress leader Rahul Gandhi and the party's unit in Karnataka have highlighted the statement of Class 12 Board exam topper from the state, Vedant Navi, and claimed that "it was a matter of pride as their schemes were bringing effective social and economic changes".

The Congress on Thursday launched a social media campaign by releasing posters and short videos.

Rahul Gandhi in his social media post said, “Such 'Success Stories' make me believe and ensure that our 'Mahalakshmi' guarantee of putting Rs 1 lac every year in women's accounts will prove to be a revolutionary step to shaping the country's fate.”

“Congress's Gruha Lakshmi scheme going on in Karnataka under which more than 1 crore women get Rs 2,000 every month, using the same money a mother taught her son Vedant and he got second rank in the whole state in PUC exam,” Rahul Gandhi stated.

“Vedant's story is a living example of Indian women's penance and willpower to strengthen the house with pai-pai. Imagine, when women of poor families across the country will get Rs 1 lakh every year through the 'Mahalakshmi Yojana', how many Vedantas will change the future of the family with their talent? This historic plan of Congress will give the dreams of poor families a flight into reality,” Rahul Gandhi said.

The Congress in Karnataka said the schemes of the government were giving succour to the people. “It is a matter of pride that in a span of 10 months, our government’s schemes are bringing effective social and economic changes,” the party claimed.

“It is a testimony to the success of the Gruha Lakshmi scheme that the family of Vedant, who secured first rank in the Arts stream, was supported by the money provided by the Gruha Lakshmi scheme. Our schemes have brought changes in many people’s lives. The Congress party has built the lives of the people and thereby built the nation,” the Congress stated.

Vedant Navi had secured first rank in Arts Stream in Karnataka. He is the overall second-topper.

“My father is no more. My mother faced difficulties as the family was debt-ridden. In this crunch time, the money received through the Gruha Lakshmi scheme (Rs 2,000 every month given for women heads of family) helped my studies and hostel stay and other expenditures,” Vedant had stated.

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April 24,2024

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Bengaluru: Former Prime Minister H D Deve Gowda on Wednesday slammed Rahul Gandhi’s "wealth redistribution promise", stating that only someone with no practical knowledge can speak like that.

 “He is dreaming of a revolution. By talking about wealth redistribution, Rahul Gandhi has insulted and humiliated two Congress Prime Ministers who brought market reforms and increased the wealth of the nation,” he added, recalling the contribution of P V Narasimha Rao and Manmohan Singh in economic liberalisation.

Accusing Gandhi of indirectly trying to say that what the two Congress Prime Ministers did was wrong, Gowda said, "He (Rahul Gandhi) has torn up their economic reforms like he had torn up an ordinance (which sought to overturn the rule that disqualifies convicted MPs and MLAs) issued by (the then) Manmohan Singh (government)."

The 90-year-old JD(S) supremo ridiculed the Congress manifesto claiming that only a party that is sure of never coming to power can make as many promises.

“The Congress has promised so many things in its manifesto. The only party that is very sure of never coming to power will promise so much,” Gowda said at a press conference here.

He said the Congress wants to turn this country 'upside down' and the promises made by it indicated that it wants to come to power 'at any cost'.

“Rahul Gandhi wants to do a wealth survey and distribute the wealth. Does he think he is a mass leader,” Deve Gowda said.

Picking up points from the Congress manifesto ‘Nyay Patra’, Gowda said Rahul Gandhi wants to 'give 30 lakh new central government jobs and run this country'.

“There are only 40 lakh sanctioned jobs. How can he create 30 lakh more jobs overnight? How much will he pay these people? Where will he employ them,” he asked.

“Only someone with no practical knowledge can speak like this. (P) Chidambaram was the manifesto committee chairman. Does he agree with Rahul Gandhi’s immature economic ideas,” Gowda said.

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April 11,2024

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Udupi: A middle aged couple lost their lives while their teenage son survived with critical wounds after a speeding car, which was travelling from Maharashtra to Kerala, fell off a flyover in Kundapur taluk of Udupi district. 

The deceased have been identified as Munnavar (49), who was driving the car, and his wife Sameera (41), a native of Kannur in Kerala. Their son Suhail (18), who was in the car, suffered severe injured and is recovering at Manipal Hospital. He is said to be out of danger.

The family was traveling from Kollapur to Kannur as Sameera was a native of Kannur. Their plan was to celebrate Eid-ul-Fitr in Sameera’s parental home.  

However, on Tuesday (April 9) morning, when the car reached near Bobbaryanakatte, it reportedly went out of control of the driver and fell off the flyover on to the service road.

All three were immediately rushed to the hospital in Kundapur. Sameera died immediately upon admission to the hospital, while Munnavar succumbed to injuries at Manipal Hospital on April 10. The mortal remains of both were handed over to relatives after the post-mortem.

Kundapur DySp Belliyappa, Circle Inspector Nada Kunar, Traffic SIs Naveen Naik, and Savitri Nayak visited the accident spot for the inspection.

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