IAF personnel acquitted in POCSO case after minor says 'assault' was in a dream
Kanpur (UP), Mar 11 (PTI): A special court here has acquitted an Indian Air Force personnel accused of molesting his minor sister-in-law after the complainant revealed that the alleged incident was only a dream and her raising an alarm was a misunderstanding, officials said.
The case was registered at the Naubasta Police Station on August 3, 2019, based on a complaint by a 15-year-old girl who alleged that her brother-in-law, Anurag Shukla, had molested her earlier that year while she was asleep.
According to the FIR, the alleged incident took place on the night of March 8, 2019, when the girl was staying at her sister-in-law's house in Khadepur under Naubasta police station limits.
During the trial, however, the girl told the court that she had been on antibiotics and was in a semi-conscious state that night and had "felt in a dream" that Shukla had grabbed and molested her, following which she woke up frightened and raised an alarm, defence counsel Karim Ahmad Siddiqui told PTI on Tuesday.
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Her father, Vijay Tiwari, and elder sister, Shivani Tiwari, who is married to Shukla, also told the court that the complaint had been filed under a misunderstanding.
Shukla had married Shivani Tiwari on February 10, 2019. At the time of the alleged incident, he was living in Khadepur and has since shifted to Bithoor.
Speaking to PTI, Shukla said he was arrested on September 29, 2019, and spent 19 days in jail before being granted bail on October 17 that year.
A chargesheet was subsequently filed, and the special court framed charges in November 2019 under provisions of the Protection of Children from Sexual Offences Act, including molestation and sexual assault of a minor.
During the trial, the complainant retracted her earlier allegations.
Taking note of her testimony and statements of family members acknowledging the misunderstanding, the special court presided over by Judge Rashmi Singh acquitted Shukla of all charges on March 7, holding that the prosecution had failed to prove the case beyond a reasonable doubt.
Shukla told PTI that the case caused him severe mental stress and harmed his social reputation and career prospects. He claimed he could not secure a promotion to the rank of corporal in the IAF in 2020 and continues to serve as a leading aircraftman.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
