Tag: rape

  • Rape of A Girl By 42 Men 40 Days Family Ostracized

    A girl ,Suryanelli in Kerala was raped by Forty two Men for Forty days in 16.

    She was 16.

    Suryanelli case
    Suryanelli Girl raped by 40 men in 16

    Gang raped by 42 Men

     

     

    Two Senior Congress leaders were involved and they were acquitted.

    Accused of Suryanelli rape,Kerala
    PJ Kurien,One that got away.

    “KOCHI, MAY 8: The Peermedu Judicial First Class Magistrate Court yesterday found Congress leader and former Union minister P J Kurien prima facie guilty in the Suryanelli sex scandal case. Judicial first class magistrate G Girish, while giving his verdict after the hearing on a private complaint lodged by the victim of the scandal, said Kurien could be implicated in the case.

    The court has asked Kurien to appear before it on June 7 next. Kurien, who represented Mavelikkara constituency in Kerala in the dissolved 12th Lok Sabha, was the Chief Whip of the Congress.

    In her complaint, the girl from Suryanelli had alleged that Kurien had sexually harassed her at the Kumily panchayat rest house on February 19, 1996. Though she did not recognise him then, later she identified him from a photograph published in the Mathrubhumi on March 26, 1996.”

    More than the conviction rate in rape cases it is the Political pressure that embolden rapists.

    Irony of this case is instead of the rapists being ostracized,it is the victim’s family that has been ostracized!

    The main culprits are still active  in Kerala.

    The case .

    Amid widespread demand for speedy proceedings in rape cases, the Supreme Court (SC) today decided to hear urgently an appeal against the acquittal of accused in the 17-year-old Suryanelli rape case in which a woman from Kerala was allegedly raped by 42 men for 40 days.

    With the appeal pending at apex court itself for eight years, a bench headed by Chief Justice Altamas Kabir assured that hearings would begin on it within three weeks.

    The bench gave the assurance after it was brought to its notice during mentioning period that the appeal against the acquittal of accused in the case is pending in the apex court for last eight years.

    The Suryanelli rape case involves gangrape of a 16-year-old girl continuously for 40 days by 42 men in 1996.

    The girl from Suryanelli in Idukki district of Kerala was abducted in January 1996 and was transported from place to place across Kerala.

    On September 6, 2000, the special court had sentenced 35 persons to rigorous imprisonment for varying terms.

    The Kerala High Court, however, acquitted all 35 convicts earlier and found only one of them person guilty of crimes related to the sex trade and sentenced him to five years jail term and a fine of Rs 50,000.

    Later her family and the state moved the Supreme Court in 2005 against the high court’s verdict.

    http://www.indianexpress.com/news/suryanelli-case-raped-by-42-men-in-40-days-now-sc-to-fastrack-16yearolds-horror-case/1054090/

    Background.

    Suryanelli Incident occurred on January 16, 1996, when the victim, an 8th standard student in Nallathanni, was abducted by bus conductor Raju. She was subsequently kept in illegal custody in places like Kottayam, Ernakulam, Kumali, Palakkad, Vanimel, Kambam, Theni, Kanyakumari, Thiruvananthapuram, Kuravilangad, Aluva and Muvattupuzha, and subjected to sexual harassment up to February 16. The girl was set free in Idukki after 42 days in custody.

    The name of former Union minister and Congress (I) leader Prof P.J. Kurian did not not figure in the chargesheet, though the girl had recognized his picture in a copy of Mathrubhumi newspaper. In May 1999, the Peerumade first class judicial magistrate court had issued a direction to file a chargesheet against Prof Kurian on the basis of a private complaint filed by the victim, but using influence at the Centre, Kurian managed to get an injunction from the Supreme Court against this indictment. Congress leaders in the state including “Mr Clean” Antony took a covering-up stand in the case.

    Congress-CPM Role in the Rape Scandal

    While several of the convicted including Jacob Stpehen are active Congress leaders in Kottayam. Union Minister PJ Kurian escaped indictment only because of his influence and the backboneless attitude of the CPM! Marxists who came to power using this case, took a back seat in catching the Congress leader (Most likely CPM leaders would have taken a big purse from the Congress counterparts for not following up the case politically!)

    Here is the whole story (with links) of Congress Minister PJ Kurians involvment in the Rape.

    35 found guilty in Kottayam sex scandal: PTI

    A special court at Kottayam has found 35 accused, including three women, guilty, while acquitting four others in the sensational Suryanelli sex scandal case.

    Convicting them under Indian Penal Code sections 365 (kidnapping with intent to confine someone), 376 g (gang rape) and 120-B (conspiracy), special judge M Sasidharan Nambiar remanded the accused to custody till September 6, when the judgement will be delivered.

    The women convicted are Vilasini, Mary and Usha, while Jacob Mathew, Joshi Mathew, Ajay Kumar and Mathew have been acquitted.

    The incident leading to the crime occurred on January 16, 1996.

    The girl was subjected to sexual harassment up to February 16 and set free in Idukki after 42 days.

    http://www.geocities.ws/keralaforum/suryanelli-kurian1.htm

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  • Ohio Rape Football Players Students Laugh It Off Video

    Students of  Stubenville students laughed and joked about the rape of a girl by Football Players.

     

    The students joked about the incident on watching th Video published by hackers Anonymous.

     

    This is the value system being practiced by the young?

     

     

     

    Story:

    A chilling video leaked by an Anonymous cell this week has added a new twist to a sordid tale of alleged rape that has shattered the peace of a close-knit Ohio football town.

    The disturbing 12-minute video, posted online Tuesday by the hacktivist group “Knight Sec,” shows teens making jokes about the events that reportedly transpired on Aug. 22.

    One teen appears to refer to the victim as “deader than” Trayvon Martin, and adds, “she is so raped her p**s is about as dry as the sun right now.”

    Months later, what exactly happened in Steubenville, Ohio, is still being pieced together. Few witnesses have stepped forward to talk about the parties where the underage girl, who was from a neighboring town, was allegedly transported, assaulted and photographed by athletes from local Steubenville High.

    The video, which was allegedly posted to YouTube on the night of the incident, has been brought to the attention of local police.

    Steubenville Police Chief Bill McCafferty released the following statement Wednesday (via WTRF):

    The Steubenville police department has been aware of this recent video that was released. Since late August 2012 the subject who made the video was interviewed. This has all been turned over to the prosecutors which are the Ohio Attorney Generals Office, who is prosecuting this case. It’s always been the policy of the Steubenville Police Department not to make comments on details of a case prior to it going to trial. I know this is frustrating for some. I can’t change that now, as you know this is a high profile case and for the parties interested I believe I should not make a comment on it because I can’t make a comment on it. It’s being handled by an outside agency

  • Rape Reforms, Complaint, Trial, Post-Delhi Gang Rape.

    Rape is a heinous crime that calls for a social rethink.

     

    Rape
    Rape

     

    The following points may be borne in mind.

     

    Procedure for lodging a Complaint.

     

    The procedure for Complaining about rape is just as in another case.

     

    You go to a Police Station, state  the case and get a First Information Report (FIR)

     

    As in other cases, there is jurisdictional red tape in accepting these complaints.

     

    This has to be made Jurisdiction Free and any Police Station must accept the case.

     

    Medical Test is now conducted, to be acceptable to the Court , is to be carried out by A Government Hospital.

     

    This procedure must change to enable Private Hospitals as well and all these Hospitals must have the  expertise and infrastructure to prepare the report.

     

    The Forensic Report must be complete within A week from the date of FIR.

     

    Trial

     

    Trials are long and tedious.

     

    To cut this short, no adjournments will be allowed in a Rape Case Trial.

     

    The Appeal time should be restricted to not more than 15 days.

     

    Initial Judgement must be delivered within 15 days from the Date of the  FIR with Forensic Report

     

    Punishment for the Rapists.

     

     

    It is normal to clamor for Death Sentence now, as we are too upset to think .

     

    The world is slowly doing away with death penalty .

     

    The punishment should be Life imprisonment, with no personal visits for the Culprit.

     

    Prevention of Rape.

     

    I have posted on the reasons for rape in India.

     

    The following points need elucidation.

     

    Just as one does not jay walk in the center of the Road, one must not go about in tempting clothes.

     

    Late night parties, Pub culture,Free outings with out some one who is related  or a close friend are some points worth noting.

     

    Freedom brings on Responsibility and an awareness of danger.

     

    Men and women must understand the basic nature of instincts, that of Sex and unless one is guarded one’s Life will be ruined.

     

    A note of caution.

     

    It is not ways true that all Rape complaints are genuine.

     

    As in Dowry cases the law may be used to settle scores.

     

    The circumstantial evidence must be examined carefully and the back ground of the man/woman must be examined thoroughly.

     

    We also have ‘Consensual  intercourse’ which is tricky;one can have it and later call it a Rape.

     

    This could happen in  married case also.

     

    To minimize the risk, a time frame of 72 hours must be  fixed for reporting a crime.

     

    Important of all is that you have your whole Life ahead of you and simply a moment sexual enjoyment.

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    http://indialawyers.wordpress.com/?s=rape

     

    Rape Law Recommendation NCW (National Commission for Women).

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    Any man who with a sexual purpose, touches, directly
    or indirectly, with a part of the body or with an object, any part of the body of a
    woman, without the consent of such woman, shall be punished with simple
    imprisonment for a term which may extend to three years or with fine or with both.
    Provided that, if the man is related to the woman, he shall be punished with
    imprisonment of either description for a term which may extend to 7 years and with fine”.
    2(a) Whoever, with a sexual purpose, touches, directly or indirectly, with a part of
    the body or with an object any part of the body of a minor, or
    (b) Whoever, with a Sexual purpose, invites, counsels or incites a minor to touch,
    directly or indirectly, with a part of the body or with an object, the body of any
    person, including the body of the person who so invites, counsels or incites or
    the body of the minor.
    Shall be punished with imprisonment of either description which may extend to five
    years and shall also be liable to fine.
    (3) Whoever being in a position of trust or authority towards a minor or being a
    person with whom the minor is in a relationship of dependency,
    (a) touches, directly or indirectly, with a sexual purpose, with a part of the body or
    with an object, any part of the body of such minor or
    (b) With a sexual purpose, invites, counsels or incites a minor to touch, directly or
    indirectly, with a part of the body or with an object, the body of any person,
    including the body of the person who so invites, counsels or incites or the
    body of the minor…

    The proposed section 53A shall read as follows:
    “53A.(1) When a person accused of any of the offences under sections 376, 376A, 376B,
    376C, 376D or 377 or of an attempt to commit any of the said offences, is
    arrested and an examination of his/her person is to be made under this section,
    he/she shall be sent without delay to the registered medical practitioner by
    whom he/she is to be examined.
    (2) The registered medical practitioner conducting such examination shall without
    delay examine such person and prepare a report specifically recording the
    result of his examination and giving the following particulars:

    (i) the name and address of the accused and the person by whom he was
    brought,
    (ii) the age of the accused,
    (iii) marks of injury, if any, on the person of the accused, and (iv)Other
    material particulars in reasonable detail.
    (3) The report shall state precisely the reasons for each conclusion arrived at.

    (4) The exact time of commencement and completion of the examination shall
    also be noted in the report, and the registered medical practitioner shall,
    without delay, forward the report to the investigating officer, who shall forward
    it to the Magistrate referred to in section 173 as part of the documents referred
    to in clause (a) of sub-section (5) of that section.”

     

    http://indialawyers.files.wordpress.com/2012/07/rape-laws-recommendation-ncw.pdf

     

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  • Delhi Gang Rape Disturbing Facts Images Media Coverage

    Now that Nirbhaya, who was gang raped and died subsequently. it is time to reflect on some disturbing facts.

    New York Times and The Washington Post , have in addition to news coverage,have blogs on the incident as well.

    NYT has at least 10  News articles showing up in Google search on the subject.”

    In addition analysis like  Leaders’ Response Magnifies Outrage in India Rape Case

    The Washington Post has a very detailed Blog and has about  5 in the Google first page result.

    This is apart from a very wide coverage of the rape.

    These are ,apart from the coverage of the Agitation,Treatment at Singapore, and death.

    There were also  excessive coverage  over the remarks of Abhijit Mukeherji,and some other leaders on the agitation on television channels in India.

    The coverage, in my view, by the Foreign Media, is surprising for the incident as the coverage, there has been in similar previous cases.

    But such an ind depth coverage and to the extent of spending too much space ont he issue, while they had many other top stories to cover?

    The coverage by the UK is equally exhaustive.

    Look at some of the images from the Mail UK.

    I am reproducing one here.

    Delhi gang rape Agitation.
    A protester with hands coloured in fake blood holds a candle during a protest campaign by Youth Congress against the gang rape of the student

    Caption.

    “A protester with hands coloured in fake blood holds a candle during a protest campaign by Youth Congress against the gang rape of the student.

    A protester ,on such a solemn occasion, spends time to have artificial blood applied to her hands and look at her face-clear question of posing!

    Some images which show the agitators indulging in violence, seem to be well organised.

    Some thing is not right.

    http://www.dailymail.co.uk/news/article-2254504/Indian-gang-rape-victim-dies-Singapore-hospital.html

    The target of the protesters’ anger seems to be India’s archaic sexual violence laws and a culture of impunity for offenders, with even authorities demonstrating a blase attitude toward rape. In the wake of the Dec. 16 incident, officials have been criticized for belittling rape victims, and the son of India’s president apologized after calling the protesters “highly dented and painted” women, who go “from discos to demonstrations,” the AP reported.

    Protesters have called for far worse fates for India’s rapists than online exposure — including execution and chemical castration. Some argue that the public database is far from an effective remedy for the epidemic of violence. Writing in First Post,  says the idea seems like the move of a government grasping for a quick fix to appease popular fury:

    It’s always worrisome when policies are cooked up in an overheated chamber of  righteous popular outrage. This proposed database seems prompted less by a concern for public safety than a belated attempt by a flatfooted government to give the appearance of swift action. If we cannot hang them in the public square, let’s hang them in a public database at least.

    If groups of people are capable of gang-raping innocent women, he argues, they might be just as likely to target even suspect rapists for vigilante justice, as they already have following the gang-rape incident:

    Soon after the Delhi gangrape, five men in a Jharkhand village,  all “suspected eve teasers” were beaten to death by an angry mob.

    http://www.washingtonpost.com/blogs/worldviews/wp/2012/12/28/how-indias-rape-name-and-shame-database-could-backfire/

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