India
Casteist Comments: Casteist comments: 10 acquitted 12 yrs ago convicted in atrocities case | Bengaluru News_INSIGHT
Bengaluru: When convictions under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is a rarity, the high court has sentenced 10 people in connection with the attack on Dalits at Dundu village in Tumakuru’s Turuvekere taluk on August 14, 2008.
The prosecution’s case was that DR Sudeep and nine others had passed casteist commentson complainant Lakshmamma before assaulting her with clubs and stones.However, the 10 accused wereacquitted by the lower court on June 23, 2011, which said the prosecution had failed to prove its case.
Though the jurisdictional Dandinashivara police did not challenge the acquittal order, Lakshmamma appealed against it, arguing that the evidence wasn’t properly assessed.
After perusing the materials on record, Justice JM Khazi noted that except for saying the prosecution case is doubtful, the trial judge hadn’t examined the testimony of injured/eyewitnesses or given reasons as to why he wouldn’t believe their evidence.
“Without examining the oral and documentary evidence placed on record, the trial court hurriedly came to the wrong conclusion that the prosecution had failed to prove its case. The trial court’s view is unreasonable. There is also a palpable misreading of evidence and the conclusions arrived at by the trial court are perverse,” the judge observed.
The accused have been sentenced to one-year imprisonment each and asked to pay Rs 3,000 fine each for offences under sections 3(1) (x) and 3(1) (xi) of the Atrocities Act. In addition, they were held guilty and slapped with minor sentences and fine amounts for offences punishable under sections 143, 147, 148, 323, 324 read with section 149 of IPC. Cumulatively, they have to shell out Rs 85,000 as fine, which will be payable to the complainant.
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The prosecution’s case was that DR Sudeep and nine others had passed casteist commentson complainant Lakshmamma before assaulting her with clubs and stones.However, the 10 accused wereacquitted by the lower court on June 23, 2011, which said the prosecution had failed to prove its case.
Though the jurisdictional Dandinashivara police did not challenge the acquittal order, Lakshmamma appealed against it, arguing that the evidence wasn’t properly assessed.
After perusing the materials on record, Justice JM Khazi noted that except for saying the prosecution case is doubtful, the trial judge hadn’t examined the testimony of injured/eyewitnesses or given reasons as to why he wouldn’t believe their evidence.
“Without examining the oral and documentary evidence placed on record, the trial court hurriedly came to the wrong conclusion that the prosecution had failed to prove its case. The trial court’s view is unreasonable. There is also a palpable misreading of evidence and the conclusions arrived at by the trial court are perverse,” the judge observed.
The accused have been sentenced to one-year imprisonment each and asked to pay Rs 3,000 fine each for offences under sections 3(1) (x) and 3(1) (xi) of the Atrocities Act. In addition, they were held guilty and slapped with minor sentences and fine amounts for offences punishable under sections 143, 147, 148, 323, 324 read with section 149 of IPC. Cumulatively, they have to shell out Rs 85,000 as fine, which will be payable to the complainant.
We also published the following articles recently
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A court in Kerala has sentenced a man to death for the rape and murder of a 5-year-old girl. Ashwaq Alam, a migrant labourer, was given the highest punishment for the horrific crime. The sentence was pronounced on Children’s Day, which also marks the 11th anniversary of the POCSO Act. The victim’s parents were present in court when the punishment was given. The court had found Alam guilty of all 16 offences in the charge sheet. The girl was brutally raped and killed after being abducted from her rented house.
Aluva child rape and murder case: Convict Asafaq Alam sentenced to death by Kerala court
Asafaq Alam, who sexually assaulted and murdered a five-year-old child in Kerala, has been sentenced to death by the Ernakulam additional district sessions court. He has also received five life sentences for other charges related to the crime. The court imposed a fine of 7.20 lakh on the accused. The sentencing took place on November 14, which coincidentally is Children’s Day.
Asafaq Alam, who sexually assaulted and murdered a five-year-old child in Kerala, has been sentenced to death by the Ernakulam additional district sessions court. He has also received five life sentences for other charges related to the crime. The court imposed a fine of 7.20 lakh on the accused. The sentencing took place on November 14, which coincidentally is Children’s Day.
Sri Lankan court sentences TN fisherman to two years imprisonment
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A Tamil Nadu fisherman has been sentenced to two years imprisonment by a Sri Lankan court for trespassing and poaching in Sri Lankan waters. This is the first time a Tamil Nadu fisherman has been imprisoned under these charges, while other fishermen have been released on the condition that they do not enter Sri Lankan waters again. The court released 21 fishermen who were arrested with him. The issue has been communicated to the state government, which may seek diplomatic intervention from the ministry of external affairs.
