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Khaleej Times
04-07-2025
- Politics
- Khaleej Times
Air India plane crash investigation: Lawyers oppose sending black box abroad
A group of Indian lawyers has strongly opposed the possible transfer of the black box and flight data recorder from Air India Flight AI 171 to foreign entities, warning that such a move could compromise the transparency and independence of the investigation. In a formal representation sent to the Ministry of Civil Aviation, the Directorate General of Civil Aviation (DGCA), Air India, and Boeing India, the lawyers have urged that the investigation remain entirely under Indian jurisdiction. Khaleej Times has reviewed the document, signed by advocate Vivek Agarwal on behalf of 12 Supreme Court and Delhi High Court lawyers, including Dr Saif Mahmood, Ishita Garg, and Agarwal himself. On June 12, Air India Flight AI 171, a Boeing 787-8 Dreamliner bound for London Gatwick, crashed shortly after take-off from Ahmedabad. The disaster killed 241 people, including nearly all on board and 19 on the ground, making it the deadliest accident involving a Boeing 787 since the aircraft entered service in 2011. The lawyers argue that any involvement by Boeing in analysing the black box data presents a conflict of interest. 'Allowing the black box to be sent to the very manufacturer whose equipment is under scrutiny risks an egregious conflict of interest and creates serious apprehensions of suppression, manipulation, or loss of crucial evidence,' the representation states. They cite growing global scrutiny of Boeing's manufacturing standards and safety practices, particularly following investigations and whistleblower claims related to its 737 MAX and other models. The representation also emphasises that the crash investigation is governed by India's Aircraft (Investigation of Accidents and Incidents) Rules, 2017 and falls squarely under Indian jurisdiction. Citing Annex 13 of the International Civil Aviation Organisation (ICAO) Convention, the lawyers stress that India, as the state of occurrence, holds primary responsibility for the probe. While cooperation with the United States, as the state of manufacture, is standard under ICAO norms, they argue it must take place strictly under Indian oversight. Any transfer of the black box abroad, especially without a bilateral legal framework, could undermine the investigation's credibility and complicate legal admissibility. The lawyers assert that India has the technical expertise to analyse the recorders. If Boeing requires access, they say, the company should send its experts and tools to India. 'The proper course is for such entities to send their experts and tools to India… rather than extract critical forensic evidence outside the jurisdiction,' the letter states. They also call for strict chain-of-custody protocols if Boeing personnel access the recorders in India. 'Black box — heart of the truth' Dr Saif Mahmood, one of the lead signatories, said, 'The black box is not merely a technical instrument but the heart of the truth behind this tragedy. Every second of data it holds may speak for those who cannot speak anymore. Allowing this vital evidence to be removed from Indian soil, especially to a manufacturer facing global questions about its safety practices, risks undermining the faith that Indian citizens place in their democratic institutions to deliver justice independently and transparently.' Farhat Ali Khan, who is a partner of Dr Saif Mahmood at CMI & Co Legal LLP, New Delhi, and CMI Legal Consultancy in the UAE, said: 'This is a question of sovereignty and institutional dignity. Given recent concerns about Boeing's manufacturing and safety record, entrusting critical evidence to them could erode public trust in the investigation, particularly for a public sector entity like Air India.' Khan also added, "Families of the victims must receive exemplary compensation that upholds their dignity and reflects their full legal rights, both under the Montreal Convention and beyond. They should not be pressured into early settlements without a clear understanding of their entitlements and legal options.' Last month, the Ministry of Civil Aviation confirmed that the Aircraft Accident Investigation Bureau (AAIB) launched a formal inquiry into the crash on June 13. A multidisciplinary team was formed, including representatives from the US National Transportation Safety Board (NTSB), as per ICAO guidelines. The black boxes were recovered and flown to Delhi. Data extraction began on June 24 at the AAIB lab in the presence of Indian and NTSB experts. The memory modules were successfully retrieved, and analysis is underway. The ministry said all procedures are being conducted in accordance with Indian law and international obligations.
Time of India
03-07-2025
- Time of India
Class 10 marksheet must be seized to prove age in POCSO cases: HC
Bhopal/Jabalpur: The MP high court has acquitted a man accused of raping a minor, observing that the prosecution failed to establish the survivor's age due to non-submission of her Class 10 marksheet -- a key document under the Juvenile Justice Act. A division bench of justices Vivek Agarwal and A K Singh, in its order, said if the rape survivor has appeared in class 10th exam, police should necessarily seize her Class 10th marksheet during investigation, and present it in the court so that there was no dispute over her age. The survivor, in this case, was a Class 12th student and her class 10th marksheet was not produced in the court. The court acquitted the accused, holding that the statements of the witnesses show that the survivor was an adult, and a consenting partner in the sexual act. The bench said, "It is surprising to note that prosecutrix in her examination-in-chief states that she was a student of Class 12th when the incident took place but prosecution has failed to produce her Class 10th marksheet which would have been a cogent proof of date of birth of the prosecutrix in terms of the provisions as contained in Section 94 of Juvenile Justice (Care of Protection of Children) Act 2015." The court said: "Before addressing the merits of the case, it is necessary to request the director general of police, state of MP to instruct all the investigating officers through superintendents of police by calling them through video conferencing and informing them that wherever prosecutrix in cases pertaining to Protection of Children from Sexual Offences Act 2012(POCSO) Act accepts that she was studying in class 10th or has failed in 10th class or was studying in any higher class then marksheet of class 10th should necessarily be seized so that many of the abnormalities and contradictions can be overcome. " This direction will be communicated by Yash Soni, additional advocate general for the state of MP to the DGP, state of MP alongwith certified copy of this judgment within seven working days, the judges said.
New Indian Express
20-06-2025
- New Indian Express
MP HC commutes death sentence of tribal youth in child rape case, citing lack of 'brutality', mitigating background
BHOPAL: The Madhya Pradesh High Court has commuted the death sentence of a 20-year-old tribal man convicted of raping and attempting to kill a four-year-old girl, reducing his punishment to 25 years of rigorous imprisonment. The decision was delivered by a division bench comprising Justices Vivek Agarwal and Devnarayan Mishra, who observed that while the act was undeniably brutal, it did not meet the threshold of "brutality" required for the death penalty under the "rarest of rare" doctrine. The case involved the convict, a 20-year-old from a Scheduled Tribe, who was found guilty by a trial court under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and sentenced to death. According to the prosecution, the convict entered the complainant's hut under the pretext of requesting a cot to sleep on, and later abducted and raped the minor victim from a nearby house during the night. He then left her in an unconscious state in a mango orchard, believing her to be dead. The High Court, while acknowledging the horrifying nature of the crime, noted: 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality,' distinguishing between barbaric acts and acts of extreme cruelty or depravity. The bench considered several mitigating factors in its decision. The convict was described as an uneducated youth from a tribal community, whose parents never tried to educate or properly care for him. He left his home at an early age and was working in a roadside eatery to earn a living. There was no evidence of prior criminal conduct, and the court found no adverse reports regarding his behaviour. The bench further noted that the environment in which the convict grew up did not provide him with the proper atmosphere to develop. The High Court affirmed the conviction under Sections 363, 450, 307, and 201 of the IPC, but commuted the death penalty under Section 6 of the POCSO Act to 25 years of rigorous imprisonment with a fine of Rs. 10,000. In default of payment, the convict will serve an additional year of rigorous imprisonment. The decision reflects the court's view that, despite the gravity of the offence and the young age of the victim, the circumstances of the convict's background and the absence of extreme brutality did not justify the death penalty in this case.
Indian Express
20-06-2025
- Indian Express
‘Act brutal but not committed brutally': HC commutes death penalty in child rape case
The Madhya Pradesh High Court has commuted the death sentence awarded by a trial court to a man convicted of raping a four-year-old minor girl. A division bench, comprising Justices Vivek Agarwal and Devnarayan Mishra, observed in their order on June 19, 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality.' According to the prosecution, the convict entered the complainant's hut and requested a cot to sleep on. Later that night, he allegedly opened the gate of a nearby house where the victim and her parents was staying, abducted and raped her. Thereafter, he allegedly left the child in an unconscious state in a mango orchard, believing her to be dead. The High Court was hearing a criminal appeal filed by the convict against a trial court judgment which found him guilty under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The high court acknowledged that the aggravating circumstance of this case was the age of the victim and the convict. The bench stated, 'There are aggravating circumstances that the victim was four years old and the rape was committed upon such a kid and offence was committed in such a way that the private part of the victim was torn and after committing the offence, the victim was thrown in the solitary place treating her that she had died.' However, the bench also took note of the fact that the convict, aged 20, is uneducated and belongs to the tribal community and his parents never tried to give him education and did not take proper care of him. Therefore, he left his house and was earning, living and working in a restaurant, the court said.
Time of India
15-06-2025
- Time of India
Lack of evidence: HC acquits man in Pocso case
Bhopal: A division bench of the MP High Court acquitted a person sentenced to 20 years of rigorous imprisonment by a Bhopal court on charges of sexual assault on his one-year-and-a-month-old daughter. The court, while setting aside the order of the Bhopal POCSO court, said that under sections 29 and 30 of the POCSO Act, the 'burden of proof' can't be entirely shifted onto the accused in POCSO cases. According to the prosecution, the wife of the accused, in her report lodged with the police, said that she went to the bathroom, and when she came back, she saw her husband sexually assaulting their daughter. She took her daughter to a doctor the next day, who found the private part of the baby reddish. She informed him of what she saw her husband doing to the baby the previous day. The doctor advised her to seek help from the Child Helpline. She subsequently reported the matter to the police. In the medical examination of the girl, rashes were found on her private part, its peripheral area, and the waist. The doctors opined that the marks were not created by diapers, paper napkins, or things like that. Samples of the accused's nails and fingers were sent for FSL examination, but they didn't match the samples of his daughter. Hearing the criminal revision petition of the father, the bench of Justice Vivek Agarwal and Justice D N Mishra said that sections 29 and 30 (2) of the POCSO Act don't absolve the prosecution from the 'burden of proof' as specified under sections 101 and 102 of the Evidence Act. An accused would carry the burden to prove himself innocent only if the prosecution is able to establish the charge against him prima facie "by adhering to the standard of proof of preponderance of probability. It's only then that the accused has to displace the presumption of guilt," the judges said. The division bench said that witnesses in the case have stated that the wife of the accused, who is the complainant in the case, told them about the incident. The statements of the wife recorded under sections 161 and 164 of the CrPC and her statement in the court are contradictory. The prosecution has failed to prove the charge of sexual assault on the accused, and he is entitled to be given the benefit of the doubt, said the court while setting aside the POCSO court order.
