Kinetic
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What a shameful incident!!!!
Rape convict who cleared IAS gets SC relief
Jul 24 2010, 00:45 hrs New Delhi:
Over a year after the Delhi High Court overturned the life sentence of rape convict Ashok Rai after he cleared the Civil Services exams from prison, the Supreme Court on Friday decided not to interfere and the Delhi Police promptly waived its right to file an appeal.
Rai, who was sentenced to a life term for raping his tuition student, had won HCs confidence after he cracked the UPSC. A Division Bench led by Justice Pradeep Nandrajog had on February 9, 2009, said his performance in the Civil Services exam was a sure sign that he had redeemed himself. Rai was released immediately from prison. He had, at the time, undergone just five-and-a-half years of his life sentence. His 25-year-old student ended her life in April 2003, leaving behind a suicide note explaining her relationship with him.
Considering that he had not even completed the minimum imprisonment of seven years for rape, the decision was challenged by the National Commission for Women (NCW) in the Supreme Court, which admitted the plea and issued notices to the Delhi Police.
Today, a Bench of Justices HS Bedi and C K Prasad went against the norm to dismiss the NCW appeal, forgoing the fact that it was already admitted and the notices served.
The Bench reasoned that the NCW had no right or locus standi as a third party to move an appeal in a criminal case. The apex court, however, slammed the HC for reducing Rais sentence just because he became the IAS. The Delhi Police, represented by Additional Solicitor General Mohan Parasaran, declined to file an appeal against the HC verdict.
What about the life of the girl? Should every man sitting for IAS be acquitted even if he violates the dignity of a woman? NCWs counsel Priya Hingorani asked the court.
Rape convict who cleared IAS gets SC relief
SC dismisses NCW plea against rapist tutor
TNN, Jul 24, 2010, 02.12am IST
NEW DELHI: The Supreme Court on Friday refused to entertain an important question raised by the National Commission for Women Should clearing the civil services examination from jail by a rapist be a redeeming factor for reduction of his life term to five and a half years of imprisonment already undergone?
It was a case relating to a Delhi girl who was sexually exploited by her tutor Amit Rai, who later wanted her to sleep with others for certain favours he wanted from them. She committed suicide and left a note blaming him.
The trial court had convicted Rai for both charges abetment to suicide and rape. For the first charge, he was sentenced to 10 years imprisonment and for the second, he was given a life term. But on February 9, 2009, the Delhi High Court, taking into account the fact that Rai had cleared civil services examination, reduced his sentence from life to the period five and a half years already undergone.
The NCW, through counsel Priya Hingorani, had moved the SC challenging the HC order as the Delhi government had not done so. The SC had issued notice to the Delhi government as well as Rai on April 2 last year.
When the NCW petition came up for hearing before a Bench comprising Justices H S Bedi and C K Prasad, it sought to know from Hingorani the locus standi of NCW in criminal matters.
Surprisingly, the Delhi government, which was earlier supportive of the NCW petition, made an about turn on Friday when additional solicitor general Mohan Parasaran informed the Bench that it was not contemplating filing appeal against the HC order.
Not convinced by the argument of NCW counsel that passing a civil services examination could become a redeeming factor for a rapist for reduction of his sentence, the Bench faulted the appeal on locus standi ground saying allowing a third party in a criminal matter to appeal against an HC order could set a wrong precedent. But, the SC has done it earlier in the Gujarat riot case by allowing the NHRC to file a PIL. The Bench noticed the fact and said in a PIL it could be done, but not in a special leave petition.
SC dismisses NCW plea against rapist tutor - India - The Times of India
Rape convict who cleared IAS gets SC relief
Jul 24 2010, 00:45 hrs New Delhi:
Over a year after the Delhi High Court overturned the life sentence of rape convict Ashok Rai after he cleared the Civil Services exams from prison, the Supreme Court on Friday decided not to interfere and the Delhi Police promptly waived its right to file an appeal.
Rai, who was sentenced to a life term for raping his tuition student, had won HCs confidence after he cracked the UPSC. A Division Bench led by Justice Pradeep Nandrajog had on February 9, 2009, said his performance in the Civil Services exam was a sure sign that he had redeemed himself. Rai was released immediately from prison. He had, at the time, undergone just five-and-a-half years of his life sentence. His 25-year-old student ended her life in April 2003, leaving behind a suicide note explaining her relationship with him.
Considering that he had not even completed the minimum imprisonment of seven years for rape, the decision was challenged by the National Commission for Women (NCW) in the Supreme Court, which admitted the plea and issued notices to the Delhi Police.
Today, a Bench of Justices HS Bedi and C K Prasad went against the norm to dismiss the NCW appeal, forgoing the fact that it was already admitted and the notices served.
The Bench reasoned that the NCW had no right or locus standi as a third party to move an appeal in a criminal case. The apex court, however, slammed the HC for reducing Rais sentence just because he became the IAS. The Delhi Police, represented by Additional Solicitor General Mohan Parasaran, declined to file an appeal against the HC verdict.
What about the life of the girl? Should every man sitting for IAS be acquitted even if he violates the dignity of a woman? NCWs counsel Priya Hingorani asked the court.
Rape convict who cleared IAS gets SC relief
SC dismisses NCW plea against rapist tutor
TNN, Jul 24, 2010, 02.12am IST
NEW DELHI: The Supreme Court on Friday refused to entertain an important question raised by the National Commission for Women Should clearing the civil services examination from jail by a rapist be a redeeming factor for reduction of his life term to five and a half years of imprisonment already undergone?
It was a case relating to a Delhi girl who was sexually exploited by her tutor Amit Rai, who later wanted her to sleep with others for certain favours he wanted from them. She committed suicide and left a note blaming him.
The trial court had convicted Rai for both charges abetment to suicide and rape. For the first charge, he was sentenced to 10 years imprisonment and for the second, he was given a life term. But on February 9, 2009, the Delhi High Court, taking into account the fact that Rai had cleared civil services examination, reduced his sentence from life to the period five and a half years already undergone.
The NCW, through counsel Priya Hingorani, had moved the SC challenging the HC order as the Delhi government had not done so. The SC had issued notice to the Delhi government as well as Rai on April 2 last year.
When the NCW petition came up for hearing before a Bench comprising Justices H S Bedi and C K Prasad, it sought to know from Hingorani the locus standi of NCW in criminal matters.
Surprisingly, the Delhi government, which was earlier supportive of the NCW petition, made an about turn on Friday when additional solicitor general Mohan Parasaran informed the Bench that it was not contemplating filing appeal against the HC order.
Not convinced by the argument of NCW counsel that passing a civil services examination could become a redeeming factor for a rapist for reduction of his sentence, the Bench faulted the appeal on locus standi ground saying allowing a third party in a criminal matter to appeal against an HC order could set a wrong precedent. But, the SC has done it earlier in the Gujarat riot case by allowing the NHRC to file a PIL. The Bench noticed the fact and said in a PIL it could be done, but not in a special leave petition.
SC dismisses NCW plea against rapist tutor - India - The Times of India
