Legal nuances ‘free’ dowry death accused

MUMBAI: Legal technicality came in the way of justice.

A sessions court on Monday acquitted four accused in a dowry death case because the victim’s dying declaration was not recorded by a special executive officer (SEO).

Rita Baricha, 23, married Hemant in 1997. She gave birth to two daughters. In the first information report (FIR) recorded by the investigating officer, Rita had said that Hemant, her father-in-law Dhanji, her
mother-in-law Madhu and brother-in-law Naresh taunted her regularly for being unable to bear a male child. The entire family lived in a Kanjurmarg chawl.

In her statement, Rita had said that her husband accused her of misbehaving with her in-laws. He also blamed her for ignoring household duties. When she met her parents in Andheri on September 11, 2000, they advised her to keep her husband happy instead of picking up fights with him. 

The next day she had a quarrel with her mother-in-law. While they were arguing, her husband allegedly slapped her and told her to set herself on fire because she had failed to bear a male child. She was doused in kerosene, allegedly by her mother-in-law, and given a matchbox too. Rita apparently set herself on fire inside the bathroom. When she realised she was burning she ran out of the bathroom, according to the prosecution. A neighbour, Sandeep Kadam, wrapped her in a blanket and took her to Rajawadi Hospital. Rita had suffered 85 per cent burns and she died on September 18, 2000.
Special executive officer Suvarna Karanje told the court that she had asked her ‘worker’ to record Rita’s statement. She later signed the declaration, which did not have Rita’s signature.

“The court accepted the first dying declaration (recorded in the FIR). The second one was not accepted because the SEO had not recorded it herself,” said additional public prosecutor Kiran Raykar.

Rita’s father Laxman Baria had filed an affidavit with the police about her daughter being harassed by her in-laws for a male child. But he later told the court that only her mother-in-law (she died during trial) had harassed her and not the other accused.

“If Baria had supported the prosecution, it would have corroborated Rita’s statement in the FIR which was accepted by the court. He backtracked possibly because his two grandchildren live with Rita’s in-laws,” said Raykar.

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Minor elopes with sister’s husband, surrenders

MUMBAI: A 17-year-old girl who was allegedly abducted from her college surrendered before the Malad police with her sister’s husband on Wednesday. The class XII student of SNDT College told the police that she had eloped with him, since the two were involved in an affair.

According to the police, on March 4, Sonali (name changed), a resident of Andheri (East), appeared for her HSC examination. Her mother was waiting outside the college to take her home after the exam. Sonali, however, did not turn up. After enquiring with the college authorities, her mother approached the Malad police with a missing complaint.
When Sonali’s elder sister’s husband Virendra Pandey, 22, who stayed with them, also did not return home, her family approached the police, and the missing complaint was converted into a first information report for abduction.

“We sent a team to Uttar Pradesh, the native of Pandey. But we could not trace them,” senior inspector Maruti Rathod said. Pandey lived with his in-laws in Mumbai, but he had left his wife, Anita, with his parents in UP, they said.

Rathod said that during investigation, the police learnt that Pandey had enrolled in a computer class near Sonali’s college and that they were having the affair for the the past few months.

Pandey convinced Sonali to run away with him. On March 4, she stole Rs4,000 from her house and fled with Pandey.

They first went to Matheran and then to Pune, where they stayed together. But they surrendered after they exhausted the money. After a medical examination of Sonali, Pandey was charged with rape and abduction considering that the girl is a minor, the police said.

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// when a 17 year old Poison and kill her Friend, [Read Story here ]. Indian law treat her as a Minor. she is mature enough to kill; and at the same time; Another Girl elope with her own sister husband, she is treated as Abducted.

What a double Standered. 

what a Biased Indian Society and media.

Women Cann`t kill ?

MUMBAI: A teenage girl here allegedly killed her close friend by poisoning her and then tried to commit suicide, the police said Monday.

The 17-year-old was angry with her friend Ignis Joseph because the latter shared a close relationship with her boyfriend, the police said. She apparently suspected that they were having an affair.

“The accused took Ignis to the church Sunday night and gave her a drink laced with poison, after which she also consumed the drink,” Gyaneshwar Phadtare, deputy commissioner of police, said.

After returning home, Ignis complained of stomach pain and started vomiting. She was rushed to hospital, where she was declared dead. The girl who allegedly gave Ignis the poison was admitted to the same hospital, and is reported to be in critical condition.

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//She was just 17, and bold enough to kill, her own friend; Still Indian Judiciary think, in india, women are victims; Even they are murderers; — eDitor

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More women now raise voice against dowry

The number of cases reported in the past five years has almost doubled

//Yea TRUE, but out of all 98% are False, As per Renuka Chowdhury – eDitor

MUMBAI: The number of dowry-related cases being reported in Mumbai has almost doubled in the past five years. Around 368 dowry cases were registered in Mumbai in 2007 compared with 193 in 2003.

For a cosmopolitan city like Mumbai, the increase in the number of dowry-related offences comes as a surprise. And the reason cited most often is that more women are now refusing to tolerate harassment for dowry by in-laws and spouses.
The concept that originated in the upper-caste families as wedding gifts to the bride from her family gradually became the most dreaded part of women’s lives. But they are now increasingly raising their voice against the menace.

“Women are now aware about the options they have to stand against any kind of violence against them,” said Nirmala Samant-Prabhavalkar, former chairperson of the state women’s commission.

According to her, the scenario began changing ever since the post of the dowry prohibition officer was created at local police stations. “Earlier, such cases were sent to the collector’s office and then came to the police station. However, now the victim does not have to run from pillar to post with her complaint,” Prabhavalkar said.

Joint commissioner of police (law and order) KL Prasad agrees. “Women are now refusing to tolerate such harassment, and several NGOs and other bodies providing guidance to them are proving helpful,” he said.

According to Prasad, the city police are being sensitised to tackle such issues with urgency and empathy. “We are following this procedure of free registration where a police officer will not refuse to register a case unless it is completely unimportant. Dowry harassment cases are treated with an attitude to support the victims,” said Prasad.

He said policemen across the city are also undergoing a sensitising programme for the past few months. The programme also trains them in tackling women related cases.

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