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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

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Punjab & Haryana HC sets 3 gang-rape convicts free on bail, slams the victim instead

[vc_row][vc_column][vc_column_text]The High Court felt “it would be a travesty of justice if they (the culprits) are not given a chance to redeem themselves”

Legal versions of what constitutes rape can vary wildly within the judicial system of India. Especially, the absence of “gut wrenching violence that normally precede or accompany such incidents” is good enough for perpetrators of the crime to get away with a minor rap on the wrists, while bringing to the victim of rape more shame, supposedly for their “promiscuous attitude and voyeuristic mind”.

These quotes aren’t social or editorial inputs. Those were the actual words used by a division bench of the Punjab and Haryana High Court, comprising Justices Mahesh Grover and Raj Shekhar Attri, who in a recent verdict set three rapists, whose guilt had been proven beyond doubt, free to leave on bail.

That was not where the division bench stopped. It observed in its judgement that the heinous gang-rape culprits – three former law students – actually deserved a second chance. It observed: “It would be a travesty of justice if they are not given a chance to redeem themselves.”

That second chance, unfortunately, was not available to the victims, reports The Free Press Journal, quoting NDTV.

After hearing all arguments, judges Grover and Attri came to the strange conclusion that the victim’s account was questionable because of her supposed “promiscuous attitude and voyeuristic mind”. The judges suspended the sentence of the three youngsters and ordered them to pay Rs 10 lakh to the woman as compensation.

In 2015, the woman, a management student of the OP Jindal Global University in Sonepat, brought charges of rape against the three law students. She had complained that they had raped her several times for more than a year, while one of them had been blackmailing her using her nude photos. They had, thus, been able to force her to have sex with him and his two friends had joined in, resulting in a textbook case of gang-rape.

The sensible trial court had gone through the details of the case and found all three guilty. The verdict of the trial court judge was 20 years in prison on account of gang-rape, as well as for other criminal offences. The third man was sentenced to seven years in prison, a standard for rape.

That was when the three moved the high court, demanding a suspension of their sentences and the high court, strangely, agreed that a balance could well be struck between retribution and the sentences. The first logic used was that these were young men, with a future.  If there was any comment from the bench about the future of the young woman, the victim of this heinous crime, it has not been made available to the general public.

That was when the court, shockingly commented: “It would be a travesty of justice if they (the men) are not given a chance to redeem themselves.”

Such a pronouncement deserved an explanation and that too was shocking. The outstanding phrases within the judgement read as follows: “…the narrative does not throw up gut wrenching violence that normally precede or accompany such incidents”.  This, obviously, shows an existing predisposition of the judges towards a scenario of rape.

The other set of comments, through which the unfortunate woman has become a victim twice over, reads as follows: “… the entire crass sequence actually is reflective of a degenerative mind set of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world”.

The thin silver lining was in the court’s acceptance that the victim was threatened into submission and blackmail. Yet, while realising the extent and disgusting nature of the crime, the bench said that, after carefully examining her statement, it felt that all that represented “alternate conclusion of misadventure stemming from a promiscuous attitude and voyeuristic mind”. The construction of this part of the sentence is convoluted, but brings little joy to the victim of a gang-rape.

Thus came the bail order, in which the court observed, referring to the young generation that it is: “…unable to comprehend the worth of a relationship based on respect and understanding”.

So what will the rapists do as free, unencumbered young men? The court’s condition was that the three must undergo counselling at the All India Institute of Medical Sciences (AIIMS) for “correcting their behavioural aberrations” and to free them of their “voyeuristic tendencies”.

Of course, the court admits that it was the duty of the parents of the rapists to make them see better things and act better. After all, they are young, with impressionable and immature minds, one guesses.  Hence the court asked the Director AIIMS to submit a report. The bench also added that it will be the “duty of the parents” of the convicts to apprise the court on the progress. One can feel sorry for the parents, surely.

-India Legal Bureau

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India News

Siddaramaiah to step down as Karnataka Chief Minister, names DK Shivakumar as successor

In a major political development, Karnataka Chief Minister Siddaramaiah has announced his decision to step down, clearing the path for his deputy, DK Shivakumar, to assume leadership.

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Bringing the curtain down on a long-standing leadership dispute within the state ruling party, Karnataka Chief Minister Siddaramaiah announced on Thursday morning that he will resign from his post. The significant announcement was made during a breakfast meeting hosted at his official residence, ‘Kaveri’, in Bengaluru, where senior cabinet ministers and Deputy Chief Minister DK Shivakumar were present.

Siddaramaiah informed his cabinet colleagues that he will formally tender his resignation at 3:00 PM. He further requested the ministers to extend their support to DK Shivakumar, declaring him as the next Chief Minister of the state.

A graceful transition of power

The breakfast meeting, which featured traditional Kannada dishes like masala dosa, idli, and kesaribath, served as a poignant farewell from the veteran leader who recently completed three years of his second term in office. Ministers present at the gathering described the atmosphere as emotional yet graceful. While some cabinet members broke down in tears following the announcement, Siddaramaiah remained poised, expressing his gratitude to the team for their cooperation during his tenure.

Ahead of the formal discussions, the two top leaders displayed a strong message of camaraderie and unity. Images released from the residence showed DK Shivakumar touching the Chief Minister’s feet to seek his blessings, followed by a warm embrace between the duo. Following the meeting, the state party unit shared these images on social media with a caption emphasizing that unity remains their core strength and public service their eternal commitment.

High command intervention ends long-standing dispute

The decision follows 48 hours of intense consultations in New Delhi with the party’s central leadership, including Mallikarjun Kharge and Rahul Gandhi. Media reports indicate that the party high command actively facilitated the transition, offering the outgoing Chief Minister a national role, which includes a Rajya Sabha seat.

As the Governor is currently out of the state on personal matters, Siddaramaiah is expected to hand over his resignation letter to the Governor’s secretary at Raj Bhavan. Following the formal acceptance of the resignation, a Legislature Party meeting will be convened to officially elect Shivakumar as the new leader before the scheduled swearing-in ceremony. Meanwhile, celebrations have already erupted outside Shivakumar’s residence, where supporters gathered to distribute sweets and chant slogans welcoming his upcoming elevation.

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Rain and thunderstorms to bring relief to Delhi NCR from intense heatwave

Delhi and NCR are set to get a break from the scorching summer heat as the IMD forecasts thunderstorms and light rain, bringing down the mercury significantly over the weekend.

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Weather

The persistent heatwave gripping Delhi and the National Capital Region (NCR) is expected to ease down as changing weather conditions promise sudden relief. The India Meteorological Department (IMD) has forecast a drop in temperatures alongside incoming thunderstorms and rain across the northern plains.

Thunderstorms and rain predicted for Delhi NCR

According to the weather department, Delhi’s maximum temperature is expected to settle around 43 degrees Celsius, while the minimum is likely to hover near 29 degrees Celsius. The afternoon and evening hours are expected to witness light to very light rainfall, accompanied by strong winds and squalls moving at speeds of 50-60 kmph.

A more drastic change in weather conditions is anticipated on May 29, when maximum temperatures could drop sharply to around 36 degrees Celsius, with minimums decreasing to about 26 degrees Celsius. The region is likely to witness thunderstorms, lightning, rain, and squalls with wind speeds ranging between 40-50 kmph. This cooler trend is predicted to continue through May 30 and 31, keeping the maximum temperatures locked around 35-36 degrees Celsius.

Scorching temperatures persist across northern and central India

Before the arrival of these rains, severe heatwave conditions continued to scorch several parts of the country. Media reports indicate that Banda in Uttar Pradesh recorded a maximum temperature of 47.8 degrees Celsius, followed closely by Prayagraj at 46.4 degrees Celsius and Jhansi at 46 degrees Celsius. The states of Haryana, Chandigarh, and Delhi also registered daytime temperatures ranging between 45 and 46 degrees Celsius.

In Rajasthan, cities like Pilani saw temperatures touch 47 degrees Celsius, while Sri Ganganagar recorded readings 5.5 degrees above normal. Meanwhile, Maharashtra’s Vidarbha region experienced marginal relief, though temperatures remained high around 45 to 46 degrees Celsius. In Nagpur, the intense heatwave conditions led to 11 suspected heatstroke deaths within a 24-hour period.

Southwest monsoon advancement and safety advisories

On a national level, the IMD stated that environmental conditions are turning favorable for the further advance of the southwest monsoon into parts of the Arabian Sea, Lakshadweep, and the Bay of Bengal. Since India relies heavily on the monsoon for its annual rainfall, farming, and drinking water, its timely progression remains critical.

Amidst these soaring temperatures, Prime Minister Narendra Modi urged the public to take necessary precautions. In a statement shared on social media, he advised citizens to stay hydrated, carry water when stepping out, and offer assistance to those working under the sun to combat the harsh summer heat.

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India News

Siddaramaiah not interested in taking Rajya Sabha post, say sources

Sources reveal that Karnataka Chief Minister Siddaramaiah has turned down an offer for a Rajya Sabha seat, preferring to remain active as an MLA in state politics despite leadership transition talks by the Congress high command.

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The political landscape in Karnataka is witnessing intense developments as Chief Minister Siddaramaiah has reportedly expressed his unwillingness to accept a Rajya Sabha berth or transition into a national role in New Delhi. According to sources familiar with the discussions, the veteran leader prefers to remain active within state politics and continue his tenure as an MLA rather than shifting his focus to the national capital.

High command pushes for transition

This revelation comes on the heels of marathon high-level meetings convened by the Congress leadership in Delhi to address the ongoing leadership discussions in Karnataka. Insiders state that the party central leadership has backed Deputy Chief Minister D.K. Shivakumar to take over the top post, in line with internal understandings following the 2023 assembly elections.

To facilitate a smooth leadership transition in the state, the high command offered Siddaramaiah a parliamentary seat in the upcoming Rajya Sabha elections alongside a prominent national role. However, sources indicate that the Chief Minister has rejected this proposal and requested more time to deliberate on his next steps.

Official stance downplays leadership shift

Publicly, senior party leaders have sought to quell rumors regarding an immediate change of guard. Following a lengthy deliberation at the party headquarters, General Secretary K.C. Venugopal stated to the media that the discussions were exclusively centered around selecting candidates for the upcoming Rajya Sabha and Legislative Council seats in Karnataka. He dismissed reports of an imminent chief ministerial swap as mere speculation.

Siddaramaiah also echoed this sentiment when questioned by journalists, emphatically denying that any leadership changes were debated during the official meeting. Despite these denials, political circles remain abuzz, as the Chief Minister has reportedly met with cabinet ministers and loyalists to discuss the evolving situation before returning to Bengaluru.

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