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HC upholds conviction of 9 gang-rape accused in atrocities case
HC upholds conviction of 9 gang-rape accused in atrocities case

Time of India

timea day ago

  • Time of India

HC upholds conviction of 9 gang-rape accused in atrocities case

Raipur: The Chhattisgarh High Court upheld the conviction and sentences of nine accused in a gang rape case from Balodabazar-Bhatapara district. A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed four criminal appeals filed by the accused, affirming the decision of the Special Judge (Atrocities) Balodabazar. The court observed, "Where a victim is raped by one or more persons forming a group or acting in furtherance of a common intention, each member of such group shall be deemed to have committed the offence of rape, in accordance with the principles of joint liability and common intention as defined under the applicable laws." The court confirmed that both victims were below 18 years of age at the time of the incident and belonged to the Scheduled Caste community, as stated in their depositions. The court observed that the victims concealed the incident for two months due to death threats, which deeply impacted them. The case, registered as Special Case (Atrocities), involves the gang rape of two minor victims in May 2020. The high court noted that the appeals, filed under Section 374(2) of the CrPC, were heard together and disposed of by a common judgment. According to the prosecution, the incident took place on the night of 30 May 2020. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cách giao dịch ETH/USD mà không cần nắm giữ Ether IC Markets Tìm hiểu thêm Undo The victims received a call from one of the accused, who, along with another accused, forced them onto a motorcycle and took them to a house in a village. They were later taken to a cremation ground. While returning, their motorcycle was intercepted near the gate by six other accused, along with two juvenile delinquents. The accused forcibly pulled the victims off the motorcycle and gang-raped them. One of the accused recorded a video of the act on his mobile. The accused threatened the victims with death and viral dissemination of the video if they reported the incident. Due to fear, the girls initially didn't speak out. Later, an accused obtained the video and began harassing the victims and their father, demanding sexual favours and threatening to circulate the video. On 28 July 2020, this accused issued an ultimatum to the victims, prompting them to finally disclose the incident to their parents. The judgment cited established legal principles regarding the testimony of sexual assault victims, emphasising that their evidence is entitled to great weight and does not always require corroboration, particularly in a society where victims are often reluctant to report such crimes. Three of the appellants, who were on bail, had their bail bonds cancelled and sureties discharged. They were directed to surrender to the trial court immediately to serve their sentences.

Fines to fund future: HC directs penalties in cases to child homes & kids with disabilities
Fines to fund future: HC directs penalties in cases to child homes & kids with disabilities

Time of India

time2 days ago

  • Time of India

Fines to fund future: HC directs penalties in cases to child homes & kids with disabilities

Raipur: In a first-of-its-kind initiative, Chief Justice Ramesh Sinha of Chhattisgarh High Court directed that penalties imposed in various court cases be deposited in homes for children with disabilities and in child observation homes. This initiative aims to ensure the holistic development of children residing in these institutions. Between 11 Sept 2024 and 11 July 2025, a total of Rs 4.02 lakh from penalties in various court cases was ordered to be deposited across child observation homes and homes for physically and mentally challenged children in different districts of the state. Of this amount, Rs 2.06 lakh was deposited in institutions for children with disabilities, and Rs 1.79 lakh in child observation homes. The funds will be utilised by these institutions to provide quality education, better healthcare facilities, sports equipment, educational books, and organise various activities for the mental development of the children.

Gang rape by group constitutes joint liability: Chhattisgarh HC upholds conviction of nine accused
Gang rape by group constitutes joint liability: Chhattisgarh HC upholds conviction of nine accused

Time of India

time2 days ago

  • Time of India

Gang rape by group constitutes joint liability: Chhattisgarh HC upholds conviction of nine accused

The Chhattisgarh High Court upheld the conviction of nine individuals in a 2020 gang rape case involving two minor victims from the Scheduled Caste community. The court dismissed appeals, affirming the Special Court's decision, emphasizing that each member of a group involved in such a crime is equally liable. RAIPUR: The Chhattisgarh High Court has upheld the conviction and sentences of nine accused in a gang rape case from Balodabazar-Bhatapara district. A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed four criminal appeals filed by the accused, affirming the decision of the Special Judge (Atrocities) Balodabazar. The court observed, "Where a victim is raped by one or more persons forming a group or acting in furtherance of a common intention, each member of such group shall be deemed to have committed the offence of rape, in accordance with the principles of joint liability and common intention as defined under the applicable laws." The case, registered as Special Case (Atrocities), involves the gang rape of two minor victims in May 2020. The High Court noted that the appeals, filed under Section 374(2) of the CrPC, were heard together and disposed of by a common judgment. Notice regarding the appeals had been served to the victims' father, who was listed as PW-3 in the case. According to the prosecution, the incident took place on the night of 30 May 2020. The victims received a call from one of the accused, who along with another accused, forced them onto a motorcycle and took them to a house in village Amera. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 새로 나온 "실손보험" 최적가 가입인기! "주요 보험사별 맞춤설계+비교견적"... 굿리치 [등록번호:제2006038313호)굿리치 보험대리점 (등록번호:제2006038313호] 가격 받기 Undo They were later taken to a cremation ground in Amera. While returning, their motorcycle was intercepted near Kesla gate by six other accused, along with two juvenile delinquents. The accused forcibly pulled the victims off the motorcycle and gang-raped them. One of the accused recorded a video of the act on his mobile phone. The accused threatened the victims with death and viral dissemination of the video if they reported the incident. Due to fear, the victims initially kept the incident hidden. Later, an accused obtained the video and began harassing the victims and their father, demanding sexual favours and threatening to circulate the video. On 28 July 2020, this accused issued an ultimatum to the victims, prompting them to finally disclose the incident to their parents. The Court confirmed that both victims were below 18 years of age and belonged to the Scheduled Caste community at the time of the incident, as stated in their depositions. The Court observed that the victims concealed the incident for two months due to death threats, which deeply impacted them. The judgment cited established legal principles regarding the testimony of sexual assault victims, emphasising that their evidence is entitled to great weight and does not always require corroboration, particularly in a society where victims are often reluctant to report such crimes. Referring to previous Supreme Court judgments, including Rameshwar v. The State of Rajasthan, State of Punjab v. Gurmeet Singh, and Rai Sandeep @ Deenu v. State of NCT of Delhi, the High Court reiterated that the testimony of a prosecutrix, if it inspires confidence, can form the sole basis of conviction. It also highlighted the stringent approach required in cases under the POCSO Act, as emphasised in Nawabuddin v. State of Uttarakhand and State of UP v. Sonu Kushwaha, stressing that no leniency should be shown to offenders. The Court noted that the victims' consistent statements, corroborated by electronic evidence and prosecution witnesses, proved the commission of aggravated penetrative sexual assault by gang rape. The Court found no illegality or irregularity in the trial court's findings. Three of the appellants, who were on bail, had their bail bonds cancelled and sureties discharged. They were directed to surrender to the trial court immediately to serve their sentences. Failure to do so would result in their arrest and incarceration. The remaining appellants are in jail and will serve out their sentences.

Chhattisgarh HC fines to fund child welfare: CJ Sinha directs Rs 4 lakh from penalties to aid special and observation homes
Chhattisgarh HC fines to fund child welfare: CJ Sinha directs Rs 4 lakh from penalties to aid special and observation homes

Time of India

time3 days ago

  • Health
  • Time of India

Chhattisgarh HC fines to fund child welfare: CJ Sinha directs Rs 4 lakh from penalties to aid special and observation homes

RAIPUR: In a first-of-its-kind initiative, Chief Justice Ramesh Sinha of Chhattisgarh High Court has directed that penalties imposed in various court cases be deposited in homes for physically and mentally challenged children and in child observation homes. This initiative aims to ensure the holistic development of children residing in these institutions. Between 11 September 2024, and 11 July 2025, a total of Rs 4.02 lakh from penalties in various court cases was ordered to be deposited across child observation homes and homes for physically and mentally challenged children in different districts of the state. Of this amount, Rs 2.06 lakh has been deposited in institutions for physically and mentally challenged children, and Rs 1.79 lakh in child observation homes. The funds will be utilised by these institutions to provide quality education, better healthcare facilities, sports equipment, educational books, and organise various activities for the mental development of the children. This positive and far-sighted initiative by Chief Justice Sinha will help in the comprehensive development of physically and mentally challenged children in children's homes and those in child observation homes.

HC to govt: Consider plea to notify Marathi-speaking community as linguistic minority in state
HC to govt: Consider plea to notify Marathi-speaking community as linguistic minority in state

Time of India

time5 days ago

  • Politics
  • Time of India

HC to govt: Consider plea to notify Marathi-speaking community as linguistic minority in state

Raipur: The Chhattisgarh High Court directed state authorities to consider a representation seeking the identification of linguistic minority languages and communities, specifically including Marathi. The petitioner seeks to have Marathi notified as a linguistic minority language and, subsequently, for Marathi-speaking communities to be declared a linguistic minority in the state. The court noted that Dr Sachin Ashok Kale, the petitioner, filed a representation on 22 April 2023, followed by another on 27 Nov 2024, addressing his grievance to the President, Minority Commission, Raipur. The bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru directed the authorities to decide on 27 Nov 2024 representation within three months of receiving a certified copy of the order, if it was not considered already. The petitioner, appearing in person, highlighted that the Centre notified Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains as minority communities under the National Commission for Minorities Act, 1992. He cited Articles 29 and 350A of the Constitution, which protect linguistic and religious minorities. The petitioner referred to the Supreme Court's decision in the TMA Pai Foundation case, which clarified that linguistic and religious minorities are covered under Article 30 of the Constitution. He argued that for determining minority status, the state, not the entire country, should be the unit. He also pointed out that the Chhattisgarh Rajya Minorities Commission (Amendment) Act, 2013, allows for communities notified by the state govt to be considered minorities. He further submitted that states such as Karnataka, Tamil Nadu, and Madhya Pradesh have already recognised languages like Urdu, Marathi, Hindi, Tulu, Telugu, Kannada, and Malayalam as minority languages. He also mentioned that Maharashtra notified Jews as a minority community in 2022. Government counsel Sangharsh Pandey argued that the petition seeking a mandamus to declare Marathi as a linguistic minority language was a policy decision and beyond the court's jurisdiction. He stated that the National Commission for Minorities Act, 1992, and the Chhattisgarh Rajya Alpsankhyak Ayog Adhiniyam, 1996, define minorities as communities notified by the Central or State Govt. Pandey contended that Marathi is already listed in the Eighth Schedule of the Constitution and is one of India's most widely spoken languages, making its declaration as a linguistic minority unwarranted, particularly as there is no evidence of socio-economic or educational backwardness among Marathi speakers in Chhattisgarh. The court disposed of the public interest litigation with the direction for the state govt, Chhattisgarh Minorities Commission, and Minority Welfare Department to consider the petitioner's representation. The petitioner has been asked to submit a copy of the order to the authorities concerned within two weeks, and the state counsel has been directed to communicate the order for compliance.

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