SC agrees to examine if woman can be charged with rape
New Delhi (PTI): Women are usually the victims of rape but can a woman be booked in a rape case?
The Supreme Court has agreed to examine this question after a woman petitioned it for anticipatory bail in a rape case also involving her son.
The apex court has asked the Punjab government to respond to the plea filed by a 61-year-old woman who has been implicated in the case filed by her daughter-in-law.
While agreeing to examine the issue, a bench of Justices Hrishikesh Roy and Sanjay Karol granted the woman protection from arrest and directed her to cooperate with the investigation.
"Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime," the bench said.
At the outset, advocate Rishi Malhotra, who appeared for the woman, argued that all other penal sections in the FIR are bailable barring the charge under Section 376(2)(n) IPC (repeated rape). Conviction under the section entails imprisonment of not less than 10 years and may extend to sentence for life.
Referring to an apex court judgement, Malhotra submitted a woman cannot be charged with rape.
According to the case, the complainant was initially in a long-distance relationship with the US-based elder son of the woman, a widow, but they had never met in person.
The FIR states that the complainant started living with the widow after entering into wedlock with her son at a virtual marriage ceremony.
Later, the younger son of the widow visited them from Portugal. The widow has claimed that after the arrival of her younger son the complainant and her family pressured her to end the informal marriage with her elder son. When the younger son was about to leave for Portugal, the complainant insisted that he take her along but he left alone.
As tension mounted between the two families, a compromise was arrived at and the widow gave the complainant Rs 11 lakh for ending the marriage with her elder son.
The complainant then approached the local police and lodged an FIR against the widow and her younger son, accusing them of rape and other charges.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
