Trial court judges are expected to “remain sensitive” while recording statements of children and required to take active part within the boundaries of law to elicit truth, the Delhi High Court has said.
Justice S P Garg observed this while dismissing an appeal filed by a man challenging a judgement passed by a trial court last year which had sentenced him to five-year jail under the Protection of Children from Sexual Offences (POCSO) Act for sexually assaulting a five-year-old girl.
“The presiding officer is expected to remain sensitive particularly when a child of tender age is under examination.
While conducting trial, court is not required to sit as a silent spectator but to take active part within the boundaries of law to bring on record the relevant facts for the purpose of eliciting truth,” the court said.
The court said that sentence awarded to the 42-year-old man was based upon “fair reasoning” and the crime committed by him was “horrible” as he had “ravished” the child who was like his own daughter.
“The accusations are very specific, certain and clear.
What else can be expected from a child aged around five years? Her statement on material and vital facts remained unchallenged,” the judge noted in his order.
According to the police, the man had sexually assaulted the child in April 2014 when she had gone to his house.
During the trial, he had denied the allegations and claimed that he was falsely implicated in the case.
His counsel argued before the high court that trial court had ignored the inconsistencies in the statements of the prosecution witnesses and overlooked the fact that child was not competent to depose and she had given the statement at her mother’s behest.
While dismissing his appeal, the high court said there were no valid reasons to suspect the version of the girl and to discredit her testimony.
“The appellant (man) exploited her (child’s) innocence and betrayed the trust of her family members as neighbour. The appeal lacks in merits and is dismissed,” the court said.PTI
Enforcement Directorate has identified assets worth over Rs 6,000 crore which it plans to attach as part of its fresh action against liquor baron Vijay Mallya in connection with a money laundering probe against him and others in an alleged bank loan fraud case.
The agency is preparing to initiate the second round of attachments under the provisions of the Prevention of Money Laundering Act (PMLA) after the embattled businessman recently skipped appearance before a special PMLA court here under a proclamation order issued under sections of the Criminal Procedure Code (CrPC).
The agency, sources said, has identified some pledged shares, associated immovable and movable assets of Mallya and his family members that would be seized and frozen as part of its action plan to widen probe in the case.
“Similar action can be initiated against few others named in the case apart from Mallya,” they said.
They said the agency has already written to banks and other financial institutions to obtain details in this regard.
The agency, meanwhile, is also in the process of getting a ‘proclaimed person’ order issued from the special court which will be further sent to the Ministry of External Affairs (MEA) in order to execute the India-UK MLAT to bring Mallya back to India to join investigations.
ED, in June, had sought the proclamation notice to be issued against Mallya as it said he had “multiple” arrest warrants pending against him, including a non-bailable warrant (NBW) under the PMLA, and that the agency wants him to join the probe “in person”.
ED has already attached his properties worth about Rs 1,411 crore under PMLA in this case few months back.
The agency has been wanting Mallya to join investigations “in person” in its PMLA probe against him and others in the Rs 900 crore alleged loan fraud of IDBI bank and has virtually exhausted all legal remedies like seeking an Interpol arrest warrant and getting his passport revoked.
The business baron and others are alleged to have diverted a part of the loan to some of their offshore businesses.
ED had already sought to invoke the India-United Kingdom Mutual Legal Assistance Treaty (MLAT) to have Mallya extradited from Britain.
He had left India on March 2 this year using his diplomatic passport.The agency has registered a money laundering case against Mallya and others based on an FIR registered last year by the CBI.
A Delhi court had only yesterday issued a non-bailable warrant against him in a 2012 cheque bounce case, saying coercive steps were required to ensure Mallya’s appearance in the court.PTI
Rajya Sabha today witnessed a face-off between Opposition and government over dismissal of Congress dispensations in Arunachal Pradesh and Uttarakhand, bringing into close scrutiny the role of governors.
The main opposition party alleged “trampling” of democracy by the BJP-led government which hit back by reminding that Congress had “butchered” democracy by misusing Article 356 about 100 times.
Congress pressed for a statement by Prime Minister Narendra Modi on the issue, since he talks of “cooperative federalism”.
The clash took place as the House took up a discussion on ‘Developments in Uttarakhand and Arunachal Pradesh leading to change in governments there and the role of Governors in the respective States’.
What happened in the two states was a “brazen violation of Constitution” and “insult to democracy”, said Deputy Leader of Congress Anand Sharma while initiating the debate.
“What happened in Arunachal late last year followed by Uttarakhand in Janauary this year shocked the country and invited censure of the Supreme Court and High Court of Uttarakhand,” he said.
Questioning the role of Governors, the former minister said he or she is “not supposed to interfere in day-to-day functioning…take unilateral decisions… Constitution was not respected…It is insult to peoples mandate.”
Citing the developments in both the states, he said Governors do not meddle in politics or undermine elected governments but “brazen violation of constitution” occured in both the states.
He alleged that the Governors in both the states “willingly became tools to pursue nefarious agenda of the ruling party”.
Citing the Supreme Court orders on the dismissal of governments in these two states, Sharma asked why no action was taken against Uttarakhand Governor.
“Sack that Governor. Remove him. If he continues to hold the post you are insulting constitution,” Sharma said.
“What happened was shameful. The government conduct was outrageous… Prime Minister Narendra Modi speaks of constitutional federalism…At the same time ruling party president talks of Congress-mukt Bharat…that is the official position of the ruling party and its national executive…this is insult to democracy and misuse of authority to destabilise elected governments,” Sharma charged.
Urban Development Minister M Venkaiah Naidu intervened to say that it is “the Devil quoting the scriptures”.
This was objected to by the Congress after which Deputy Chairman P J Kurien said he will examine whether it fell under unparliamentary language.
Naidu said, “Issue is …does the Congress party have any moral right to raise this. It has misused Article 356 at least 90 to 100 times…Such party is giving sermons.PTI
The Lieutenant Governor (LG) of Delhi has wider discretionary power than the Governor of a state and he can act on his own judgement without seeking the aid and advice of the Council of Ministers, the Delhi High Court today said.
“(In) the LG of National Capital Territory of Delhi, the discretion provided is wider than the discretion that may be exercised by the Governor of a State under Article 163(1) in view of the expression except in so far as he is, by or under any law, required to act in his discretion employed in clause (4) of Article 239AA,” a bench of Chief Justice G Rohini and Justice Jayant Nath said.
Dealing with the executive powers of the LG, it held, “Power of the LG to act in his discretion is not confined to the Constitution merely. The LG while exercising such powers and discharging such functions which any law requires to be done in his discretion acts on his own judgment without seeking the aid and advice of the Council of Ministers.”
The court gave its ruling while dismissing the AAP government’s plea challenging the Centre’s notification giving absolute power to the LG in administration of Delhi.
Dealing with the discretionary powers of the Governor and LG under the Constitution, the bench said, “Discretion of the Governor of a State under Article 163(1) is confined only to the constitutional provisions, whereas under Article 239AA(4), the LG may act in his discretion with regard to all the matters in respect of which he is required to act in his discretion by or under any law.”
Referring to the recent five-judge Constitution bench judgement of the Supreme Court in Arunachal Pradesh case in which the duties and responsibilities of the Governor, under the Constitution have been interpreted, the high court said that the Governor can exercise some function which are to be done “only on the basis of the aid and advice rendered to him” under the provisions of the Constitution.PTI
It has been two years since Ileana D’Cruz was seen on the big screen but the actress is unfazed by it as she says she does not feel the need to do movies just to stay in the limelight.
Ileana was last seen in 2014 film “Happy Ending” opposite Saif Ali Khan. The 28-year-old actress is now gearing up for her latest release “Rustom” featuring Akshay Kumar in the lead role.
“The gap seems to have bothered everyone else, but me.
Honestly, there was one day when I thought about it. ‘It has been six months since I haven’t signed anything, is that bad?’ I talked to a few people about it but they were like just enjoy it,” Ileana told PTI.
“I can’t be like one of those people who go out of their way to be seen in a film, or be in the news. I can’t do that, don’t believe in that. I feel you get your films based on merit.”
“Rustom” also stars Esha Gupta. Directed by Tinu Suresh Desai, the film is reportedly based on the 1959 Nanavati case where naval officer Kavas Maneckshaw Nanavati was tried for the murder of his wife’s lover, Prem Ahuja.
Akshay, 48, plays a Naval officer in the film while Ileana will be seen as his wife. “Rustom” is scheduled to release on August 12.
Ileana may have featured in several films down South as well as Bollywood, but she says she does not like watching herself on-screen.
“I find awkward watching myself on screen. I don’t like watching myself on screen at all. I see the weird faces I make. I look at other actresses and wonder, ‘they look so pretty when they cry, are angry, happy’. But I look weird in every possible aspect.”
The actress says though she watches her own films, she is self-critical about herself.
“I have watched my films, but I hate to watch myself in the films. I constantly go ‘Oh My God what was I doing there, my face looks hilarious… I am self critical, that’s why critics don’t bother me. I am my worst critic.PTI
Delhi Chief Minister Arvind Kejriwal during his recent visits to Goa refused to stay in the state guest house, and only a meagre Rs 500 was spent by the government in the trips, the Legislative Assembly was told August 1.
“The Chief Minister of Delhi was provided vehicles and accommodation at the state guest house. He was received and seen off at the airport. However, he did not avail the accommodation at the state guest house,” State Protocol Minister Dilip Parulekar told the House.
“The state government had presented a flower bouquet amounting to Rs 500 on his first visit,” the minister said.
The question about the expenses on Kejriwal’s visits was tabled by Goa Vikas Party MLA Fransisco Miccky Pacheco.
Delhi Chief Minister had visited Goa twice on May 22 and June 28, during which he addressed a public meeting and also interacted with cross section of society.
AAP has already announced that they will fight on all the 40 seats for the upcoming Goa polls due before March 2017.
Opposition voiced concerns over the growing attacks on Dalits and minorities in Lok Sabha on Monday and demanded stern action against cow vigilante groups that have been targeting them.
Trinamool Congress leader Sudip Bandopadhyay — who raised the issue during Zero Hour — underlined the need for action against such acts.
Communist Party of India (Marxist)’s PK Biju asked Parliament to take note of the attacks as Dalit organsations in Gujarat continue to protest.
Youngsters join IS
Congress’s Rajeev Satav said Maharashtra Anti-terror Squad chief’s statement that 100 young men from the Marathwada region were in touch with the Islamic State was alarming.
He said this was all the more so as two youths from Parbhani, who had plans to set off explosions at Aurangabad and Nagpur, were arrested recently. — PTI
Legendary musician R D Burman, whose cabaret tunes still reverberate at pubs and discotheques, actually hated composing such songs and even believed that the genre was just a “passing fad , says a new book.
And when he first won the Filmfare Award for Best Music Director, an honour that came to him after two decades of hard work, excitement evaded him because it was not for any of his raga-based song, the ones he held dearer to him.
The revelations are made in ‘R D Burmania : Panchamemoirs’, published by notionpress.com and authored by Chaitanya Padukone, a veteran showbiz journalist who has compiled his works as a scribe and shared anecdotes from his meetings with the composer.
Notably, several of Burman’s songs, especially the foot-tapping numbers, have been recreated and reproduced in films, private albums and television serials after his death, while a film ‘Dil Vil Pyar Vyar’ was made as a tribute to his musical genius.
“It’s a fact that the masses get turned on, as the songs also have seductive glamour-repeat visual value. But, honestly, at times, I hate composing cabaret songs because there is no soulful melody or inspiring lyrics in it. Whenever I compose raga-based melodies, I derive total creative satisfaction. Classical music is my forte,” Padukone quotes Burman.
“When the thumri-based raga song ‘Humein tumse pyar kitna’ composed by RDB and sung by Begum Parveen Sultana merited a Filmfare Award, it was a loud testimony to all those who doubted his ability to conjure up classical numbers. This explains why RDB was not all that exhilarated when he won his first-ever Filmfare Award trophy for Best Music Score in 1983, which had eluded him for over two decades,” he writes.
“Off the record, he (Burman) mentioned to me that since the movie ‘Sanam Teri Kasam’ had only a jazzmatazz westernised score and no classical songs, he was disheartened.
“All these years, I expected award for movies like ‘Parichay’, ‘Amar Prem’, ‘Aandhi’, ‘Kinaara’, ‘Khushboo’, ‘Mehbooba’ and of course ‘Kudrat’, all of which had situation-based songs. But it was a series of ‘misacarriages’,” Padukone quotes Burman as telling him.PTI
In a sudden move ahead of Assembly polls, Gujarat Chief Minister Anandiben Patel, who is in the midst of several challenges, today offered to resign, saying it was time for new leadership to take over since she is soon going to turn 75.
During Patel’s over two-year-old tenure, the BJP for the first time in the post-Narendra Modi era in Gujarat has faced multiple challenges including defeat in rural areas in the civic polls, a powerful agitation by Patel community for OBC quota and the ongoing Dalit unrest over the flogging incident after the skinning of a dead cow in Una.
BJP President Amit Shah said the party’s Parliamentary Board will decide on the replacement for Patel, who will turn 75 on November 21 and is the first woman chief minister of Gujarat. “She has requested the party to relieve her of her post. I will place the letter she has written to me before the Parliamentary Board and it will take a decision,” Shah told PTI in Delhi.
Patel took to Facebook to request the party leadership to relieve her of the post though speculation has been rife for quite some time that she is on the way out. Elections are due in later part of 2017.
An unwritten age bar of 75 has been set by Prime Minister Narendra Modi for the BJP leaders to hold positions in state and central governments. A minister in the BJP government since 1998, Patel succeeded Modi as Chief Minister on May 22, 2014.
“For the last some time there has been a tradition in the party that those who attain the age of 75, voluntarily retires from the post. I will attain the age of 75 in November,” Patel said in the Facebook post.
“Two months ago I had requested the party to relieve me from the post and today also through this letter, I request the party to relieve me of the post,” she said.
“I am asking the party to relieve me two months in advance as the new chief minister will require the time to work, when the state is going to face elections in 2017 and an important event like Vibrant Gujarat Summit to be held in January,” Patel said.
“It (the rule of 75) is a good thing and it will give a chance to young leaders to come up,” she added.PTI
Scotland Yard today warned that a terror attack in the UK is a case of “when” rather than “if” and the current threat level of “severe” in the country meant an attack was imminent.
“I feel and understand that fear, and as the police officer-in-charge of preventing such an attack I know you want me to reassure you. I am afraid I cannot do that entirely. Our threat level has been at ‘severe’ for two years. It remains there. It means an attack is highly likely – you could say it is a case of when, not if,” Sir Bernard Hogan-Howe, the chief of Metropolitan Police said.
The warning by Britain’s top police chief came as ‘The Sunday Times’ quoted a senior intelligence source as saying that at least four active terror plots in Britain are being investigated by police and security services.
“There’s four or five cases where there is a sense of a plot, where they are planning and plotting and intending to commit an act of terrorism rather than just being extremists,” the source told the newspaper.
Last week Ben Wallace, the UK’s new security minister, held talks with retail bosses and operators of sporting venues to review security at stadiums and shopping centres.
“In light of events in Germany and France, the government is keen to ensure that shopping centres and sports stadiums where there are large crowds are getting the support they require,” said Wallace.
Another intelligence source said that Islamic State (ISIS) terrorists were increasingly going after “softer targets”, as well as seeking to recruit people with mental health problems.
“Unbalanced people, mentally ill people, people with particularly violent or anti-societal or sociopathic tendencies are being recruited as foot soldiers; and then that is playing itself out in the most innocent and unassuming targets, such as the street crowds on Bastille Day in Nice,” the source said.
A current review by the UK’s National Police Chiefs’ Council (NPCC) is expected to redeploy firearms officers from rural areas of the UK to major cities deemed to be at greater threat of terrorism.
The review, which started in March when Theresa May was home secretary and is now being overseen by her successor Amber Rudd, is expected to report in October.PTI
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