Agartala, July 30: About 97-98 per cent of child abuse cases are not reported to the appropriate authorities in the country, Supreme Court Judge Deepak Gupta said here at a symposium.

"The cases are not reported because these incidents of cruelty or ill-treatment happen within the family or (involve) close friends or relatives," Justice Gupta said here on Sunday at a symposium on juvenile justice.

Quoting researchers and other sources, he said: "The perpetrators or offenders in many cases of child abuse are members of the same family or relatives or close friends and neighbours. Authorities should take this issue very seriously."

Gupta, who was the first Chief Justice of Tripura High Court before he was transferred to Chhattisgarh High Court, and later elevated to Supreme Court, said child abuse cases must be dealt with the help of computerisation and the e-court system.

"Minor crimes concerning children should be dealt with by involving parents or guardians instead of the juvenile court."

Addressing the symposium, Tripura High Court Chief Justice Ajay Rastogi said of the 1.21 billion population, 39 per cent are children or below the age of 16 years, who are "the future of our country and they should be given all child friendly atmosphere".

Citing many instances, Tripura High Court Judge Subhasish Talapatra said children's voices are not heard in the family as well as in the schools, and they are not properly respected anywhere in the society.

Urging the government to formulate a time-bound action plan for the welfare of the children and women, Talapatra said there are inadequate resources and infrastructure for the benefit of the children.

He asked the government to implement both the Integrated Child Development Schemes and Integrated Child Protection Schemes.

Tripura Chief Minister Biplab Kumar Deb, who inaugurated the symposium, said his government would implement all the laws meant for the welfare of children and set up juvenile homes in all the eight districts.

Tripura High Court Judge Arindam Lodh and Tripura Social Welfare and Social Education Minister Santana Chakma also spoke at the symposium, jointly organised by Tripura High Court's Juvenile Justice Committee and Tripura Social Welfare and Social Education Department.

 

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Kochi (Kerala) (PTI): The Kerala High Court has upheld the life sentence of five BJP activists for the murder of a young CPI(M) worker by throwing a bomb at him in Kannur in 2006, terming it as another incident of a person losing his life due to the political rivalry between the two parties in that district.

A bench consisting of justices A K Jayasankaran Nambiar and Jobin Sebastian noted that the killing of 24-year-old Yackoob by throwing a bomb at his head was a retaliation for the assault of a BJP worker a few days before the incident.

"This is another incident in which a young man aged 24 years lost his life as a victim of the political rivalry that existed between CPI(M) and BJP, two political parties, in Kannur district," the bench said.

It upheld the decision of the trial court convicting and sentencing to life Vijesh (43), Prakashan (48), Kavyesh (43), Manoharan (31) and Sankaran Master (49), saying there were no discrepancies in the statements of the witnesses -- party colleagues of the victim -- who had faced the attack and named the five accused as the main perpetrators.

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The bench said that the post-mortem findings were consistent with death due to a blast injury to the head, "with total loss of the brain".

"A conjoint reading of the evidence of the doctor and the post-mortem certificate issued by him undoubtedly reveals that the death of Yackoob was homicidal and that the injury sustained to the head resulted from a bomb blast," the High Court said.

It also noted that two of the witnesses had suffered injuries in the attack on the CPI(M) activists by BJP workers on the night of June 13, 2006, and their version of the assault was consistent with the nature of the wounds found on their bodies.

The bench also accepted the version of two of the witnesses that they saw one of the accused throwing a bomb at the head of the victim, which exploded and killed him instantly.

The defence lawyers had claimed that the statements of the witnesses were not the same and had differences, but the bench rejected it.

The High Court also rejected the defence argument of a delay in lodging an FIR, saying that the police initially went on patrolling to ensure law and order was maintained in the area to prevent other similar incidents, and a case was registered six hours after the death of the victim.

The bench also said that though the bomb was hurled by one of the accused, all of them were liable for the murder, as the act was done in furtherance of the common objective of the unlawful assembly to kill Yackoob.

"The accused, who inflicted a grievous injury on the head of the deceased by hurling a country-made bomb and causing an explosion, cannot be heard to say that they did not conceive an intention to murder the deceased in this case.

"Resultantly, we confirm the findings, conviction, and sentences passed by the Additional Sessions Judge," the bench said, dismissing the appeals of the five accused against their conviction and life sentence.

According to the prosecution, the accused BJP workers hatched a conspiracy to kill Yackoob, a CPI(M) activist, and on June 13, 2006 formed themselves into an unlawful assembly armed with dangerous weapons, including country-made bombs, and criminally trespassed into the house where the victim and his party colleagues were present.

On seeing the accused armed with weapons, the victim and his friends got scared and ran in different directions, and as they were attempting to escape, a bomb was thrown at the head of Yackoob, the prosecution had said.

The bomb exploded and killed the CPI(M) activist on the spot, it had said.