Kumar, middleman remanded to 14-day judicial custody in bribery case involving CBI Special Director
New Delhi, Oct 30: A Delhi court Tuesday remanded CBI DSP Devender Kumar and middleman Manoj Prasad, arrested in connection with bribery allegations involving the agency's Special Director Rakesh Asthana, to 14-day judicial custody.
A special CBI court sent them to jail after the agency said both the accused were not required for further custodial interrogation.
Both the accused were produced before special CBI Judge Santosh Snehi Mann who will hear the bail application of Kumar tomorrow.
During the hearing, Kumar, who was produced after the expiry of his seven-day custodial interrogation, told the court the agency was tampering with and fabricating evidence in case against him.
He submitted that a case of theft and extortion should be lodged against CBI officials probing case.
The court asked CBI to file its reply to Kumar's application which will be heard Wednesday.
In his bail application, moved by advocate Rahul Tyagi, Kumar termed his custody "illegal" and urged the court to set him free.
Two alleged middlemen -- Manoj Prasad and Somesh Prasad -- have also been named as accused in the case.
The FIR in the current case was lodged on the basis of a written complaint from businessman Satish Sana on October 15. It was alleged that Kumar, being the IO in the case against meat exporter Moin Qureshi, was repeatedly calling the complainant to the CBI office to harass him and compel him to pay a bribe of Rs 5 crore for getting a clean chit in the case.
The complaint had also said that a part of the bribe was paid by Sana.
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When a woman says no, it means no: HC upholds conviction of three men for gang rape
Mumbai (PTI): The Bombay High Court has upheld the conviction of three men for raping one of their partners, ruling that when a woman says no, it means no, and there can be no presumption of consent based on her past sexual activities.
“No means no”, the bench of Justices Nitin Suryawanshi and M W Chandwani said in its May 6 judgment refusing to accept the attempt made by the convicts to question the morals of the survivor.
Sexual intercourse when done without the consent of a woman is an assault on her body, mind and privacy, said the court, terming rape the most morally and physically reprehensible crime in society.
“A woman who says ‘NO’ means ‘NO’. There exists no further ambiguity and there could be no presumption of consent based on a woman's so-called immoral activities,” HC said.
The court refused to quash the conviction of the three persons but reduced their sentence from life imprisonment to 20 years in jail.
In their appeal, the trio had claimed that the woman was initially involved with one of them but later got into a live-in relationship with another man.
In November 2014, the three barged into the survivor’s house, assaulted her live-in partner and forcibly took her to a nearby deserted spot where they raped her.
The bench in its judgment said that even if a woman was an estranged wife and lived with another man without getting divorced from her husband, a person cannot force the woman to have intercourse with him without her consent.
The bench said even though the survivor and one of the convicts were in a relationship in the past, any sexual act without her consent would amount to rape if she was not willing to have intercourse with him and the other accused.
“A woman who consents to sexual activities with a man at a particular instance does not ipso facto (by the fact itself) give consent to sexual activity with the same man at all other instances. A woman’s character or morals are not related to the number of sexual partners she has had,” the court said.
The court said sexual violence diminishes the law and unlawfully encroaches on the privacy of a woman.
“Rape cannot be treated only as a sexual crime but it should be viewed as a crime involving aggression. It is a violation of her right to privacy. Rape is the most morally and physically reprehensible crime in society, as it is an assault on the body, mind and privacy of the victim,” HC said.
The court also upheld the trio’s conviction for the assault of the survivor’s live-in partner.
