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.
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Traffic fraud: Fake 'no-entry' sticker racket busted in Delhi, mastermind among 3 held
New Delhi (PTI): Police here have busted a crime syndicate involved in traffic fraud and extortion, arresting three people including the alleged mastermind who sold fake stickers to help commercial vehicles bypass no-entry restrictions, an official said on Saturday.
The police said they dismantled a third organised syndicate linked to traffic-related frauds, with the arrest of Rinku Rana alias Bhushan, his associate Sonu Sharma and Mukesh Kumar alias Pakodi, who was also connected to another extortion syndicate.
According to the police, Rinku Rana was running a well-organised network that facilitated the movement of commercial goods vehicles during restricted hours by selling fake 'marka' or stickers for Rs 2,000 to Rs 5,000 per vehicle every month. The stickers were falsely projected as authorisation to evade traffic challans.
During raids, the police recovered Rs 31 lakh in cash, property documents worth several crores of rupees, over 500 fake stickers and six mobile phones allegedly used to operate the syndicate.
The crackdown followed a complaint filed by a traffic police officer in April this year after a commercial vehicle tried to evade checking by producing a fake sticker claiming exemption from enforcement action.
Investigation revealed that social media groups were being used to coordinate the illegal movement of vehicles and alert drivers about traffic police checkpoints, police said.
"A parallel system was being run to cheat drivers and vehicle owners while undermining traffic enforcement. On the basis of evidence, provisions related to organised crime under the BNS were invoked," a senior police officer said.
Sonu Sharma, the police said, managed social media groups through which stickers were sold and real-time alerts were circulated regarding traffic police movement. He also acted as a link between Rana and drivers operating in the field.
In a related development, Mukesh Kumar alias Pakodi, an associate of Rajkumar alias Raju Meena, who was earlier arrested under the Maharashtra Control of Organised Crime Act (MCOCA), was also apprehended.
Mukesh allegedly helped extort money from transporters and was involved in blackmailing traffic police personnel by recording enforcement actions, the police said.
Investigators alleged the syndicate led by Rajkumar deployed drivers to deliberately violate traffic rules and secretly record police officials during challans, later using manipulated videos to extort money under threat of false allegations.
The police said that in total, eight accused belonging to three different organised crime syndicates linked to traffic frauds and extortion have been arrested so far.
Further investigation is underway to trace the remaining members, conduct financial probes, and analyse digital evidence recovered during the raids, officials added.
