Krushna Abhishek and Kashmera Shah have become parents to twin boys | tv | Hindustan Times
Be it enacted by the Jammu and Kashmir State Legislature in the Sixtieth Year of the Republic of . by, the members of the public in relation to the formulation of its policy or Implementation .. Sharma V'S Shn Krishna Sinha AIR SC ( Search Lignt Case) P V Narsima It is given and taken in trust or in confidence. Be it enacted by the Jammu and Kashmir State Legislature in the Sixtieth Year of the Republic of . by, the members of the public in relation to the formulation of its policy or Implementation .. Sharma V'S Shn Krishna Sinha AIR SC ( Search Lignt Case) P V Narsima It is given and taken in trust or in confidence. Krishna Abhishek (m. ). Children, 2. Kashmira Shah is an Indian actress and model. Born in Mumbai, she is the granddaughter of.
Each and every moment was skilfully and thoughtfully placed and portrayed. What a connect between the two ages! Pre-Primary Teachers - Congratulations on an awesome concert mam. We really enjoyed it. As Tejal mam said, the bar is going higher every year.
Beautiful acting by the whole cast of the play. And superb costumes, decorations and the dialogues. Awesome what a beautiful evening Ajwani - Under your able leadershiptaking care of the minutest detailsthe credit goes to you and the whole team of Navrachana.
And of course the talented team of students who performed to the T. Sonali Desai - This concert was something different The whole concept and the execution was perfect to the T. The dancesthe chemotherapy was simple superbuse of propsexpressions of the dancersthe stage designs everything was just tooooo good. Today what was presented was magicalbest to date! Pradhan - Excellent conceptualization, actualization and execution.
We all were spellbound!!! Heartiest Congratulations to the whole team of dedicated teachers, students and Management!!! Ma'am every time there is a new benchmark. Kudos to the entire team. Was an outstanding performance. Congratulations to all who had contributed and participated.
Would like to have a VCD of the same as a memory. How can we get one? Great effort by all and a fabulous outcome. Very inspiring, felt very happy and proud as a parent. Yes me too wish to have a VCD of the full program as a souvenir. Congrats and hearty wishes to all. A very big congratulation to all for ur gr8 efforts. Each and every participant did outstanding. The entire program was out-of-world experience. Very well conceptualised, choreographed, enacted and executed etc.
It is really unbelievable that all of it has been done in-house. Our congratulations to all. We are indeed very very blessed n each one of us has to keep this tremendous art creativity n passion alive What effort n sleepless nights go into creative work is unquestioned!!! I am as pleased as a contented Puss who just lapped up a bowl of milk.
Juin Dutta - It was just mind blowing yesterday. The stage, the lights, the narration, the acting choreography The overwhelming part was the participation of Navprerna kids. Thoroughly enjoyed the show.
Navrachana does it yet again! Another colour added to the canvas of creativity as Navrachana School Sama held it's Annual Function.
Jagruti Pandya, chairperson of Gujarat state commission for protection of Child Rights presided over the function as the chief guest. The theme was as grandiose as the ideas that put it together.
The efforts put in by the teachers and students alike- ranging from the inception, the nascent stages to the magnum opus that it turned out to be, left the audience spellbound. Be it The creative School report or the euphonious orchestra, the impeccable portrayal of the characters or the graceful dances put up, it was all as smooth as a dream; We could not have paid a higher tribute to Kavi Dinkar. Navrachana, always known for giving opportunity to whoever wishes to grab it, has spun gold yet again.
Concertwill be etched in the memories for years to come. The A to Z of life. Navrachana believes in Value Education. It was a rather endearing activity. Conducted by Ms Shilpy Ahuja and Ms.
Sapna Iyer Sharing is an important aspect of teaching learning process. They demonstrated the various hands-on activities and tools which could be deployed in a classroom for concept building and better understanding. The session was kept active and engaged through a series of hand-on activities and talks which included out-of-the-box discussions and the importance of story- telling.
Navratri celebrations - more glimpses Navratri- the festival of Dance and revelry. It was an all Glam and Glitter affair but ofcourse completely seeped in Devotion. Rameshbhai Chandubhai Rathod v.
The State of Gujarat [ 2 SCC ] This Court commuted death sentence to life imprisonment of the accused committing rape and murder of a girl of 8 years. It was noticed that the accused at the time of the commission of crime was 27 years and possibility of reformation could not be ruled out.
Surendra Pal Shivbalak v. State of Gujarat [ 3 SCC ] This Court commuted death sentence to that of life imprisonment in a case where the accused aged 36 years had committed rape and murder of a minor girl. This Court noticed at the time of occurrence, the accused had no previous criminal record and held would not be a menace to the society in future.
State of Maharashtra [ 8 SCC 93] This Court commuted death sentence to life imprisonment in a case where the accused aged 28 years had raped and murdered a girl of years. This Court noticed that the accused had no previous criminal track record and also there was no evidence that he would be a danger to the society in future.
The list of cases mentioned above, wherein this Court had awarded death sentence and cases where this Court had commuted death sentence, is not exhaustive but only illustrative.
In conclusion, we have said, inter alia, as follows: The application of aggravating and mitigating circumstances needs a fresh look. This Court has not endorsed that approach in Bachan Singh. In any event, there is little or no uniformity in the application of this approach. Aggravating circumstances relate to the crime while mitigating circumstances relate to the criminal.
A balance sheet cannot be drawn up for comparing the two. The considerations for both are distinct and unrelated. The use of the mantra of aggravating and mitigating circumstances needs a review. In the sentencing process, both the crime and the criminal are equally important. We have, unfortunately not taken the sentencing process as seriously as it should be with the result that in capital offences, it has become judge-centric sentencing rather than principled sentencing.
The Constitution Bench of this Court has not encouraged standardization and categorization of crimes and even otherwise it is not possible to standardize and categorize all crimes. In Bachan Singh and Machhi Singh cases, this Court laid down various principles for awarding sentence: The offences relating to the commission of heinous crimes like murder, rape, armed dacoity, kidnapping etc. The offence was committed while the offender was engaged in the commission of another serious offence.
The offence was committed with the intention to create a fear psychosis in the public at large and was committed in a public place by a weapon or device which clearly could be hazardous to the life of more than one person. The offence of murder was committed for ransom or like offences to receive money or monetary benefits. The offence was committed outrageously for want only while involving inhumane treatment and torture to the victim.
26th Annual Janmashtami Celebrated by HGH
The offence was committed by a person while in lawful custody. The murder or the offence was committed, to prevent a person lawfully carrying out his duty like arrest or custody in a place of lawful confinement of himself or another. When the crime is enormous in proportion like making an attempt of murder of the entire family or members of a particular community.
When murder is committed for a motive which evidences total depravity and meanness. When there is a cold blooded murder without provocation.
The crime is committed so brutally that it pricks or shocks not only the judicial conscience but even the conscience of the society. The manner and circumstances in and under which the offence was committed, for example, extreme mental or emotional disturbance or extreme provocation in contradistinction to all these situations in normal course. The age of the accused is a relevant consideration but not a determinative factor by itself. The chances of the accused of not indulging in commission of the crime again and the probability of the accused being reformed and rehabilitated.
The condition of the accused shows that he was mentally defective and the defect impaired his capacity to appreciate the circumstances of his criminal conduct.
The circumstances which, in normal course of life, would render such a behavior possible and could have the effect of giving rise to mental imbalance in that given situation like persistent harassment or, in fact, leading to such a peak of human behavior that, in the facts and circumstances of the case, the accused believed that he was morally justified in committing the offence.
Where the Court upon proper appreciation of evidence is of the view that the crime was not committed in a pre-ordained manner and that the death resulted in the course of commission of another crime and that there was a possibility of it being construed as consequences to the commission of the primary crime. Where it is absolutely unsafe to rely upon the testimony of a sole eye-witness though prosecution has brought home the guilt of the accused.
In Santosh Kumar Satishbhushan Bariyar vs. State of Maharashtra 6 SCCthis Court held the nature, motive, and impact of crime, culpability, quality of evidence, socio economic circumstances, impossibility of rehabilitation and some of the factors, the Court may take into consideration while dealing with such cases.
Aggravating Circumstances as pointed out above, of course, are not exhaustive so also the Mitigating Circumstances. If there is any circumstance favouring the accused, like lack of intention to commit the crime, possibility of reformation, young age of the accused, not a menace to the society no previous track record etc.
Even, if both the tests are satisfied that is the aggravating circumstances to the fullest extent and no mitigating circumstances favouring the accused, still we have to apply finally the Rarest of Rare Case test R-R Test. Examples are only illustrative and not exhaustive. Courts award death sentence since situation demands so, due to constitutional compulsion, reflected by the will of the people and not the will of the judges. We have to apply the above tests in the present case and decide whether the courts below were justified in awarding the death sentence.
Enormity of the Crime and execution thereof Crime Test Victim was aged 11 years, on the date of the incident, a school going child totally innocent, defenceless and having moderate intellectual disability. P-4 was a certificate issued by the President of the Handicap Board General Hospital, Amravati which disclosed that the girl was physically handicapped and was having moderate mental retardation. Evidence of PW 10, PW 12 and PW13 also corroborates the fact that she was a minor girl with moderate intellectual disability, an aggravating circumstance which goes against the accused.
Vulnerability of the victim with moderate intellectual disability is an aggravating circumstance. The accused was a fatherly figure aged 52 years. Kewade — PW3, who conducted the post mortem, had deposed as well as stated in the report the ghastly manner in which the crime was executed.
Rape was committed on more than one occasion and the manner in which rape as well as murder was executed had been elaborately discussed in the oral evidence as well as in report which we do not want to reiterate. The action of accused, in my view, not only was inhuman but barbaric. Ruthless crime of repeated actions of rape followed by murder of a young minor girl who was having moderate intellectual disability, shocks not only the judicial conscience, but the conscience of the society.
In my view, in this case the crime test has been satisfied fully against the accused. The accused was aged 52 years at the time of incident, a fatherly figure for the minor child. The accused is an able bodied person has seen the world and is the father of two children.
The accused repeatedly raped the girl for few days, ultimately strangulated her to death. Intellectually challenged minor girls will not be safe in our society if the accused is not given adequate punishment. Considering the age of the accused, a middle ager of 52 years, reformation or rehabilitation is practically ruled out. In the facts and circumstances of the case, in my view, criminal test has been fully satisfied against the accused and I do not find any mitigating factor favouring the accused.
Both the crime test and criminal test are, therefore, independently satisfied against the accused. Let us now apply the R-R Test. I have critically and minutely gone through the entire evidence and I am of the view that any other punishment other than life imprisonment would be completely inadequate and would not meet the ends of justice.
Remember, the victim was a minor girl aged 11 years, intellectually challenged and elders like the accused have an obligation and duty to take care of such children, but the accused has used her as a tool to satisfy his lust.
Society abhors such crimes which shocks the conscience of the society and always attracts intense and extreme indignation of the community.
Even though all the above mentioned tests have been satisfied in this case, I am of the view that the extreme sentence of Death penalty is not warranted since one of the factors which influenced the High Court to award death sentence was the previous track record of the accused. Previous Criminal Record of the Accused The Investigating Officer, during the course of hearing of the criminal appeal by the High Court, filed an affidavit dated Further, it was also stated that another Crime No.
The High Court was of the view that the accused had not disclosed those facts before the Court and held as follows: However, fact remains that the accused has not disputed the pendency of these proceedings against him. Moreover, they cannot be said to be irrelevant for the purpose of deciding the appropriate sentence which deserves to be imposed on the appellant.
We, therefore, deem it appropriate to consider the pendency of these cases as a circumstance against the accused…. I find it difficult to endorse this view of the High Court. In my view, the mere pendency of criminal cases as such cannot be an aggravating factor to be taken note of while granting appropriate sentence. In Gurmukh Singh v. State of Haryana 15 SCCthis Court opined that criminal background and adverse history of the accused is a relevant factor. But, in my view, mere pendency of cases, as such, is not a relevant factor.
This Court in Mohd. Farooq Abdul Gafur v. Sinha, while supplementing the leading judgment, stated as follows: In our opinion the trial court had wrongly rejected the fact that even though the accused had a criminal history, but there had been no criminal conviction against the said three accused. It had rejected the said argument on the ground that a conviction might not be possible in each and every criminal trial…….
Therefore, the mere pendency of few criminal cases as such is not an aggravating circumstance to be taken note of while awarding death sentence unless the accused is found guilty and convicted in those cases. High Court was, therefore, in error in holding that those are relevant factors to be considered in awarding appropriate sentence. But what disturbed me the most is that the police after booking the accused for offence under Section IPC failed to charge sheet him, in spite of the fact the medical evidence had clearly established the commission of carnal intercourse on a minor girl with moderate intellectual disability.
Kewade - PW3, who conducted the post mortem, had clearly spelt out the facts of sodomy in his report as well as in his deposition. Prosecuting agency has also failed in his duty to point out the same to the court that a case had been made out under Section IPC. Non-reporting the offence of sexual assault Let me now refer to another disturbing trend in our society that is non-reporting of sexual assault on minor children, which has happened in this case as well.
Ravindra Lavate PW8in his deposition, has stated as follows: I, therefore, come in Verandah and observed that Accused No. I observed it in the electric light. I also observed that Accused No. I and my wife asked Accused No. I asked Accused No. PW8 has admitted in his cross-examination that he had not reported the said fact to the police, possibly due to the reason that there was no clear cut legislative provision casting an obligation on him to report to the J.
Board or to the S. Is there not a duty cast on every citizen of this country if they witness or come to know any act of sexual assault or abuse on a minor child to report the same to the police or to the J. Board or can they keep mum so as to screen the culprit from legal punishment?
Article 15 3 of the Constitution of India confers upon the State powers to make special provision for children. Article 39 inter alia provides that the State shall, in particular, direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity.
The United Nations Convention on the Rights of Children, rectified by India on 11th Decemberrequires the State Parties to undertake all appropriate national, bilateral and multilateral measures to prevent the inducement or coercion of child to engage in any unlawful sexual activity, the exploitative use of children in prostitution or other unlawful sexual practices etc.
Articles 3 2 and 34 of the Convention have placed a specific duty on the State to protect the child from all forms of sexual exploitation and abuse. There were 24, victims of Rape out of 24, reported Rape cases in the country. Offenders were known to the victims in as many as in 22, A total of 7, cases of child rape were reported in the country during as compared to 5, in accounting for an increase of Madhya Pradesh has reported the highest number of cases 1, followed by Uttar Pradesh and Maharashtra These three States altogether accounted for Rape 5, 5, 30 Act 32 of which received the assent of the President on 19th June, The Act also provides for a Justice Delivery System for child victims and few other provisions to safeguard the interest of children.
Chapter V of the Act deals with the Procedure of reporting of cases. Section 20 deals with the obligation of media, studio and photographic facilities to report cases and the same reads as follows: Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child including pornographic, sexually-related or making obscene representation of a child or children through the use of any medium, shall provide such information to the Special Juvenile Police Unit, or to the local police, as the case may be.
Section 21 prescribes punishment for failure to report or record a case, which reads as follows: I may also point out that, in large numbers of cases, children are abused by persons known to them or who have influence over them.
Criminal Courts in this country are galore with cases where children are abused by adults addicted to alcohol, drugs, depression, marital discord etc. Preventive aspects have seldom been given importance or taken care of. Penal laws focus more on situations after commission of offences like violence, abuse, exploitation of the children.
Witnesses of many such heinous crimes often keep mum taking shelter on factors like social stigma, community pressure, and difficulties of navigating the criminal justice system, total dependency on perpetrator emotionally and economically and so on.
Some adult members of family including parents choose not to report such crimes to the police on the plea that it was for the sake of protecting the child from social stigma and it would also do more harm to the victim. Further, they also take shelter pointing out that in such situations some of the close family members having known such incidents would not extend medical help to the child to keep the same confidential and so on, least bothered about the emotional, psychological and physical harm done to the child.
Sexual abuse can be in any form like sexually molesting or assaulting a child or allowing a child to be sexually molested or assaulted or encouraging, inducing or forcing the child to be used for the sexual gratification of another person, using a child or deliberately exposing a child to sexual activities or pornography or procuring or allowing a child to be procured for commercial exploitation and so on.
In my view, whenever we deal with an issue of child abuse, we must apply the best interest child standard, since best interest of the child is paramount and not the interest of perpetrator of the crime. Our approach must be child centric. Complaints received from any quarter, of course, have to be kept confidential without casting any stigma on the child and the family members.
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But, if the tormentor is the family member himself, he shall not go scot free. Proper and sufficient safeguards also have to be given to the persons who come forward to report such incidents to the police or to the Juvenile Justice Board.
The conduct of the police for not registering a case under Section IPC against the accused, the agony undergone by a child of 11 years with moderate intellectual disability, non-reporting of offence of rape committed on her, after having witnessed the incident either to the local police or to the J. Board compel us to give certain directions for compliance in future which, in my view, are necessary to protect our children from such sexual abuses. This Court as parens patriae has a duty to do so because Court has guardianship over minor children, especially with regard to the children having intellectual disability, since they are suffering from legal disability.
Prompt reporting of the crime in this case could have perhaps, saved the life of a minor child of moderate intellectual disability. Section has also clarified that lack of physical resistance is immaterial for constituting an offence.
A new Section A has been added which reads as follows: Therefore a person, who commits an offence punishable under sub-section 1 and sub-section 2 of Section and causes death shall be punishable with rigorous imprisonment for a term which shall not be less than twelve years but which my extend to imprisonment for life, which shall be mean the remainder of that periods natural life or with death.
Considering the entire facts and circumstances of the case, I am inclined to convert death sentence awarded to the accused to rigorous imprisonment for life and that all the sentences awarded will run consecutively. I my opinion, the case in hand calls for issuing the following directions to various stake-holders for due compliance: Media has to strictly comply with Section 23 of the Act as well.
Institutions which house them or persons in care and protection, come across any act of sexual abuse, have a duty to bring to the notice of the J. Board to take care of child and protect the child and also take appropriate steps against the perpetrator of the crime.
Criminal appeals stand dismissed and the death sentence awarded to the accused is converted to that of rigorous imprisonment for life and that all the sentences awarded will run consecutively. Appellant Versus State of Maharashtra …. While entirely agreeing with my learned Brother Justice Radhakrishnan that the conviction of the appellant must be upheld and that all sentences awarded to him must run consecutively, I feel it necessary to draw attention to the views expressed by this Court on awarding death penalty or converting it to imprisonment for life in cases concerning rape and murder.
In Swamy Shraddananda 2 v. State of Punjab2 SCC indicates a relative category based on a comparison with other cases. In paragraph 45 of the Report, this Court considered the expression as requiring a comparison between i cases of murder with other cases of murder of the same or of a similar kind or even of a graver nature and ii the punishment awarded to the convicts in those cases.
This Court also expressed the view that there is hardly any field available for comparison. The question therefore is: If such a comparison were possible, then on a relative basis could a particular case be described as rarer than an identified rare case? It is this inability to make a comparative evaluation and clarity on the issue due to a lack of information and any detailed study that the application of the rarest of rare principle becomes extremely delicate thereby making the awarding of a death sentence subjective as mentioned in Swamy Shraddananda or judge-centric as mentioned in Sangeet v.
State of Haryana2 SCC My learned Brother Justice Radhakrishnan has put in great efforts in analyzing a species of cases of which I am sure there would be many more in which the victim was raped and murdered.
These cases fall in two categories, namely, those in which the death penalty has been confirmed by this Court and those in which it has been converted to life imprisonment. In my view, there is a third category consisting of cases which cannot be overlooked in the overall context of a sentencing policy in which this Court has, while awarding a sentence of imprisonment for life, arrived at what is described as a via media and in which a fixed term of imprisonment exceeding 14 or 20 years with or without remissions has been awarded instead of a death penalty, or in which the sentence awarded has been consecutive and not concurrent.
For the present purposes, I will first refer to those somewhat recent cases say over the last about 15 years where the death penalty was converted to imprisonment for life and cull out the main reasons for commuting it. However, it is necessary to enter two caveats: Firstly, the Constitution Bench in Bachan Singh has concluded in paragraph of the Report that normally the punishment for murder is life imprisonment and a death penalty may be imposed only if there are special reasons for doing so.
In other words, special reasons are required to be recorded not for awarding life imprisonment but for awarding death sentence. This is what the Constitution Bench held: The court can depart from that rule and impose the sentence of death only if there are special reasons for doing so. Such reasons must be recorded in writing before imposing the death sentence.
It was further held in paragraph of the Report that the normal rule is of awarding life sentence but death sentence may be awarded only if the alternative of life sentence is unquestionably foreclosed. The Constitution Bench held: A real and abiding concern for the dignity of human life postulates resistance to taking a life through law's instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed.
Strictly speaking, therefore, this Court is not required to record reasons for commuting the death sentence to one of life imprisonment — it is only required to record reasons for either confirming the death sentence or awarding it. Secondly, though a sentence awarded by this Court relates to a specific case, nevertheless an exercise needs to be undertaken to identify some jurisprudential principle for awarding the death penalty.
It is in this context that the present exercise has been undertaken. Cases where the death penalty has been converted to imprisonment for life: State of Tamil Nadu v.
Suresh2 SCC was a case of the rape and murder of a pregnant housewife. This Court took the view that though the crime was dastardly and the victim was a young pregnant housewife, it would not be appropriate to award the death penalty since the High Court had not upheld the conviction and also due to the passage of time. This is what was observed: The erroneous approach has resulted in miscarriage of justice by allowing the two perpetrators of a dastardly crime committed against a helpless young pregnant housewife who was sleeping in her own apartment with her little baby sleeping by her side and during the absence of her husband.
We strongly feel that the error committed by the High Court must be undone by restoring the conviction passed against A-2 and A-3, though we are not inclined, at this distance of time, to restore the sentence of death passed by the trial court on those two accused.
Pending an appeal the convict was granted bail. This Court converted the death sentence in the case of Nirmal Singh to imprisonment for life since he had no criminal antecedents; there was no possibility of his committing criminal acts of violence; he would not continue being a threat to society; and he was not the main perpetrator of the crime. The only aggravating circumstance is that he had come with his brother and had given 3 blows on deceased Krishna only after Dharampal chased Krishna and gave kulhari blows hitting on the neck while Krishna was running and on sustaining that blow, she fell down and then Dharampal gave two to three blows to Krishna and only thereafter Nirmal gave burchi blows on the said Krishna.
It is no doubt true that the presence of Nirmal at the scene of the occurrence with a burchi in his hand had emboldened Dharampal to take the drastic action of causing murder of 5 persons of Tale's family as a result of which Tale's family was totally wiped off.
But because of the fact that Nirmal has not assaulted any other person and assaulted Krishna only after Dharampal had given her 3 or 4 blows, the case of Nirmal cannot be said to be the rarest of rare case attracting the extreme penalty of death. This Court noted as follows: The appellant not being able to resist his urge for sex went ahead in spite of her unwillingness for a sexual intercourse who offered some resistance and started raising shouts at that stage.
In order to prevent her from raising shouts the appellant tied the salwar around her neck which resulted in strangulation and her death.
We, therefore, do not consider this to be a fit case in which the extreme penalty of death deserves to be imposed upon the appellant.
The sentence of death awarded to the accused was converted to one of life imprisonment since he took advantage of finding the victim alone in a lonely place and her murder was not premeditated. On the other hand the accused-appellant found a young girl alone in a lonely place, picked her up for committing rape; while committing rape and in the process by way of gagging the girl has died. The medical evidence also indicates that the death is on account of asphyxia.