Mangaluru; College student abduction and rape case: Rapist gets 7 years rigorous imprisonment
Mangaluru, June 20: The 6th additional principal and district sessions court on Wednesday sentenced a person to seven years rigorous imprisonment on charges of introducing himself to a college student through WhatsApp, abducted and raped her.
The convicted is identified as Irshad (27) of Kuminadka in Bantwal taluk.
Though the rape allegation was confirmed on Tuesday, the judge reserved the verdict for Wednesday. Under IPC Section 366 (abduction), Irshad has to undergo three years rigorous imprisonment and pay Rs 5000 penalty. If he failed to pay penalty, he has to undergo two months additional imprisonment. In rape charges under Section 376, he has to undergo seven years rigorous imprisonment and pay a penalty of Rs 10,000 and if failed to pay the penalty, he should undergo three months additional imprisonment. In the illegal detention charges under Section 342, and threatening under Section 506, he should undergo additional three months and four months imprisonment respectively, the judge said.
About the incident
An 18-year-old girl studying in a college was included into a WhatsApp group by her friend. In the same group, she was introduced to another student called Rafa. Though the student left the WhatsApp group, Rafa used to message her and she used to respond to those messages. After some days, Rafa wished her for her birthday and informed her to accept a flower bouquet sent through one of the Rafa’s relative. Following this, Irshad had visited the college and gave her the flower bouquet and wished her. After a few days, she shared her problem with Rafa that she was late to classes as she could not reach the college on time from her village. Responding to this, Rafa said she would take her to her village as she will have to go to Mangaluru. The student believed Rafa’s words.
On June 20, 2015 at 7.30 am, a car would come to the place where the student was waiting and Irshad was driving the car. After seeing Irshad, she asked about Rafa. But Irshad said she would get into the car after some time. Believing his words, the student got into the car. Later, Irshad threatened her and took her to Dharwad. When the student did not turn up to the home even after evening, her family members lodged a complaint at Bantwal police station. During the same time, Irshad family members also filed a missing complaint.
After taking her to Dharwad, he got a room at a lodge and raped her in the room. Next day, he took her to Gadag and Hubballi and raped her, it was alleged in the complaint.
Truth uncovered
But in Hubballi, Irshad disclosed the truth before the student. He admitted that he was sending the WhatsApp messages in the name of Rafa. The student came to know that she was cheated. While investigating the missing case, the police managed to take both of them into custody on June 25. When the student was brought to Mangaluru and tested in a hospital, it was confirmed that she was raped.
When she was at the hospital, she came to know that Irshad was married. This has shocked her. She had lodged a case against Irshad in Bantwal police station. Then inspector Belliyappa filed the charge sheet against Irshad to the court under abduction (366), rape (376), illegal detention (342) and threat (506). In the case, total 22 witnesses including lodge records, statements from the staff and doctors report were considered. Judith O M Crasta argued in favour of the government.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CCI slaps Meta with Rs 213 crore fine over WhatsApp’s 2021 privacy policy update
New Delhi, Nov 18: The Competition Commission of India (CCI) on Monday imposed a penalty of Rs 213.14 crore on social media major Meta for unfair business ways with respect to WhatsApp privacy policy update done in 2021.
Besides, the competition watchdog has directed Meta to “cease and desist” from anti-competitive practices.
Meta and WhatsApp have also been asked to implement certain behavioural remedies within a defined timeline to address the anti-competition issues, according to a CCI order.
The regulator has called for implementing various remedial measures, including barring WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years.
Among other directions, CCI has said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
The Competition Commission of India (Commission) on Monday imposed a penalty of Rs 213.14 crore on Meta for abusing its dominant position,
Passing the order against abuse of dominance, the Competition Commission of India (CCI) said this (penalty) relates to how WhatsApp's 2021 Privacy Policy was implemented and how user data was collected and shared with other Meta companies.
For the case, CCI delineated two relevant markets -- OTT messaging apps through smartphones in India, and online display advertising in India. "Meta Group operating through WhatsApp was found to be dominant in the market for OTT messaging apps through smartphones in India. "Furthermore, it was also found that Meta holds a leading position compared to its competitors in online display advertising in India," CCI said in a release.
Starting from January 2021, WhatsApp notified users about updates to its terms of service and privacy policies.
The in-app notification, effective from February 8, 2021, stated that users were required to accept these terms, including expanded scope of data collection as well as mandatory data sharing with Meta companies, to continue using WhatsApp.
Under the previous privacy policy dated August 25, 2016, WhatsApp users were given the option to decide whether they wanted to share their data with Facebook, the release said.
"However, with the latest policy update in 2021, WhatsApp made data sharing with Meta mandatory for all users, removing the earlier option to opt-out. As a result, users had to accept the new terms, which include data sharing with Meta, in order to continue using the platform," it added.
The watchdog has concluded that the 2021 policy update by WhatsApp on a "take-it-or-leave-it" basis constitutes an imposition of unfair condition under the Competition Act, as it compels all users to accept expanded data collection terms and sharing of data within Meta Group without any opt out.
"Given the network effects and lack of effective alternatives, the 2021 update forces users to comply, undermining their autonomy, and constitutes an abuse of Meta's dominant position. Accordingly, the Commission finds that Meta (through WhatsApp) has contravened Section 4(2)(a)(i) of the Act," it said.
Further, CCI said that sharing of WhatsApp users' data between Meta companies for purposes other than providing WhatsApp Service creates an entry barrier for the rivals of Meta and thus, results in denial of market access in the display advertisement market.
According to the regulator, Meta has engaged in leveraging its dominant position in the OTT messaging apps through smartphones to protect its position in the online display advertising market in contravention of the competition law.
CCI has barred WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years and the debarment period will start from the date of receipt of this order.
With respect to sharing of WhatsApp user data for purposes other than advertising, the regulator said WhatsApp's policy should include a detailed explanation of the user data shared with other Meta companies or Meta company Products.
"This explanation should specify the purpose of data sharing, linking each type of data to its corresponding purpose," it said.
The watchdog also said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
Regarding sharing of WhatsApp user data for purposes other than for providing WhatsApp services, CCI said all users in India (including users who have accepted 2021 update) will be provided with the choice to manage such data sharing by way of an opt-out option prominently through an in-app notification.
Also, the regulator has asked for the option to review and modify their choice with respect to such sharing of data through a prominent tab in settings of WhatsApp application, and all future policy updates should comply with these requirements.
