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Forgery of bills of jewellery, articles, furniture, expensive goods in 498A or the anti-dowry cases by wife and her parents is a regular phenomenon. To the extent that people have got jewellery bills made from medical accessories company! There have been several cases in which such malpractices have been observed and pointed out by honorable courts. In another such matter, Delhi High Court has directed Crime Branch of Delhi Police to investigate a case in which husband and his family have filed a case of forgery and other sections against wife and her father for presenting fake bills worth lacs to build their complaint under 498A/406. An FIR into the matter has already been registered against wife, her mother and father after the intervention of court but the complainants have alleged that investigation into the same  have not been conducted fairly and transparently by the concerned police station and instead the family has been harassed by the police in the case.

Looking at circumstances of the case and passing the orders on October 19, 2016, Justice Vipin Sanghi has observed “I am inclined to grant the relief as sought by the petitioner, since a complainant is entitled to fair investigation into his complaint. It does appear from the orders passed by the learned Magistrate that there has been laxity in the matter of investigation conducted in the FIR in question i.e. FIR No.49/2016 registered at PS Pul Prahladpur. It is ordered accordingly. The further investigation in case FIR 49/2016 registered at PS – Pul Prahladpur stands transferred to the Crime Branch of Delhi Police. The competent officer shall nominate the new Investigating Officer in the case, who shall proceed with further investigation promptly and efficiently.”

Here’s the complete Judgment:

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3026/2016

SATISH SHARMA

….. Petitioner

Through: Ms. Rebecca John, Sr. Adv. with Mr.

Vishal Gosain, Harsh Bora, Nikhil

Ahuja, Advocates

versus

STATE (GOVT OF NCT OF DELHI)

….. Respondent

Through: Ms. Nandita Rao, ASC with SI

Pankaj Kumar, PS Pul Prahladpur

CORAM:

HON’BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 19.10.2016

Crl.M.A. No.16222/2016

Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 3026/2016

Issue notice. Notice is accepted on behalf of the State.

The petitioner has preferred the present writ petition to seek a direction to transfer the investigation of the case FIR No.49/2016 registered at PS Pul Prahladpur under Section 420/468/471/506/34 IPC out of the said police station, and to assign the investigation to crime branch or any other specialised wing of the Delhi police.

The background in which the present petition has been filed may be taken note of. The son of the petitioner, Amit Sharma, got married to one Pooja Kaushik. Unfortunately, matrimonial disputes arose between the couple. At the instance of Pooja Kaushik, FIR No.125/2014 came to be registered at PS Pul Prahladpur under Section 498A/406/354/34 IPC against the petitioner, his wife, his three sons including the husband of the complainant Amit Sharma. The charge sheet was filed in the aforesaid case under Section 498A/406/376/34 IPC, since the complainant also alleged rape against the petitioner. A supplementary charge sheet was filed by the police in the said case on 20.11.2014.

Learned senior counsel for the petitioner submits that the said supplementary charge sheet and documents filed along with it, disclosed the commission of the offence of forgery in respect of bills and documents of alleged purchase of clothing and jewellery etc., against the complainant Pooja Kaushik and her family members. The supplementary charge sheet disclosed that the said bills had been tampered with and fabricated.

Consequently, an application under Section 156(3) was filed by the petitioner on 24.02.2015 seeking registration of a FIR in respect of the alleged forgery and fabrication of documents. That application was dismissed by the learned Magistrate on 24.02.2015. The petitioner challenged the order passed under Section 156(3) before the Sessions Court in revision, which was allowed.

Consequently, FIR No.49/2016 came be registered at PS Pul Prahladpur under Section 420/468/471/506/34 IPC, wherein Pooja Kaushik, her father Rambir Kaushik and mother Santosh Kumar were arrayed as accused. Learned senior counsel for the petitioner submits that despite the registration of the said FIR, the investigation into the said offences was not conducted by the I.O. in a satisfactory manner. In this regard, reference has been made to the orders passed by the learned Magistrate monitoring the investigation on 12.04.2016 and again on 27.06.2016. The petitioner also made a complaint to the DCP (SE) with regard to the conduct of the I.O.

Ashok Kumar, PS Pul Prahladpur. Learned senior counsel for the petitioner submits that on account of the manner in which the I.O. was conducting the investigation, the learned Magistrate desired the change of the I.O. and, accordingly, the I.O. has since been changed. The present I.O. in the case is SI Pankaj Kumar.

Learned senior counsel for the petitioner submits that the petitioner has also made a complaint against the officers posted at PS Pul Prahladpur with regard to assault on his wife by the said officers. They have been summoned in the said case vide order dated 04.04.2016 by the learned Magistrate. Consequently, the petitioner submits that the approach of the police officers posted at PS Pul Prahladpur against the petitioner is hostile, and the petitioner has reason to believe that he would not receive fair treatment at the hands of the police officers posted at PS Pul Prahladpur.

On the other hand, Ms. Rao submits that a house search of the accused in case FIR No.49/2016 has been carried out by the present I.O. to locate the forged and fabricated documents which have not been recovered.

The anticipatory bail application moved by Rambir Kaushik was opposed by the present I.O. However, he has been granted interim bail by this Court. She submits that it was on the investigation of the police that the alleged forgery surfaced – though it is not denied that the said investigation was conducted by another I.O., and not by either by the present I.O. or the earlier I.O. Ashok Kumar. At the same time, Ms. Rao submits, on instructions, that the police has no objection to the transfer of investigation of the present case, i.e. case FIR No.49/2016 to a police officer at the Crime Branch.

In view of the aforesaid circumstances, I am inclined to grant the relief as sought by the petitioner, since a complainant is entitled to fair investigation into his complaint. It does appear from the orders passed by the learned Magistrate that there has been laxity in the matter of investigation conducted in the FIR in question i.e. FIR No.49/2016 registered at PS Pul Prahladpur. It is ordered accordingly. The further investigation in case FIR 49/2016 registered at PS – Pul Prahladpur stands transferred to the Crime Branch of Delhi Police. The competent officer shall nominate the new Investigating Officer in the case, who shall proceed with further investigation promptly and efficiently.

So far as the conduct of the erstwhile I.Os, particularly I.O. Ashok Kumar is concerned, the concerned DCP shall examine the same and if called for, take appropriate action against the erring police officials.

Petition stands disposed of in the aforesaid terms. Dasti.

VIPIN SANGHI, J

OCTOBER 19, 2016

sr

***********************

These are news articles related to the case of forgery that has been filed in the past.

fraudfraud-1

Nation has been raging against the gruesome crime of “double gangrape” in Rohtak for the past few days. The incident reportedly happened on July 13th, when the girl was allegedly abducted from outside her college and gangraped by the same 5 people who had gangraped her in 2013 too. As per complainant’s family, all the accused repeated their crime in order to teach her a lesson for not compromising the case filed before.

It is not surprising that media is presenting only one side of the story caring little about the facts of the case and the history of the case because in today’s day and age, it is not facts that draw attention of viewers but sensational stories that shock viewers beyond belief. Facts are boring. Details don’t interest audiences who anyways have very less time. So a story even if evidences on ground go against it – are served with high decibel voices and demands for lynching of people without any trial or evidence.

Anyways, there is no doubt that heinous crimes against women are being reported from every part of the country every other day. As a society we are all responsible and answerable for it. But that should not blind us from looking at the facts of a particular case and go into depth of something that deeply shakes us all.

Let me clarify before I begin sharing the details of this case – This is not an attempt to divert the attention from this case. This is not an attempt to defame the complainant. This is not an attempt to discredit the prosecution story. This is not an attempt to malign the character of the woman. This is not an attempt to impact the case that’s pending in the court. This is mere documentation of facts that are important to the case. This is stating of those points by defence that people need to know because mere accusation of a crime is not conviction of a person and when media is increasingly becoming the Judge and the Jury, least it can do is hear both sides or hear all sides related to the case especially when the accused is presenting evidence that cannot be easily fabricated or manipulated. If people have lost faith on our courts and justice system and media is the only way to secure justice, it has responsibility to investigate and verify just as the courts do.

Everything stated here is information collected from court records or case details available publicly , various media reports essentially newspapers that don’t get as much attention as Nation Wants to Know and also by interviewing people who are as much a part of this case as the complainant and her family. I am not sharing the girl’s and her family’s version here as they have spoken extensively to media and their version is known to all.

THE CASE BEFORE:

So, the Rohtak Gangrape case dates back to 2013 when first complaint in this case was filed on October 22, 2013. At that time, the woman and her family stayed in Bhiwani. The girl’s father lodged a complaint under sections 363/365 of IPC – that is kidnapping and abduction by unknown persons. They had apparently received a call from her stating that she was locked up in a room.  Police teams immediately came into action and searches were made to find the girl. She wasn’t found.

Next day, this girl was found in Chandigarh by some girls who called the police and asked them to come and take care of her. The cops in Chandigarh informed Bhiwani Police and a team immediately left along with the girl’s parents to take her back. The girl was brought to Bhiwani after which the police recorded her statement. She stated that she went to Chandigarh out of her own volition, as she wanted to do a Job and did not inform anyone at home. She stated she was not under any pressure to do so and what she stated was the truth. She was then taken to the Magistrate for statement and she repeated the same in front of Magistrate too and said she wasn’t under any pressure to state the same. After this – she was asked what she wants to do and she expressed her desire to go back home with her parents. She chose not to state anything more to the Magistrate even when asked.

On October 30, 2013, six days after the girl recorded her statements with the police and magistrate, she and her family expressed their wish to add to the complaint registered before. Her statement was recorded again on November 11, 2013 where allegations of gang rape were levelled for the first time.

In her complaint the girl alleges that Amit raped her on October 18, 2013 along with four of his friends whose names she does not mention. She says a girl called Sushma@Anamika also accompanied Amit when she sat in his car. She was offered cold drink which made her unconscious and then she was assaulted at a factory near bust stand, Bhiwani. She further alleges that on October 22, 2013 Raju (Jagmohan) called her again and blackmailed her with some video, so she sat on a motorcycle and went with Jagmohan to a hotel where she was raped again by Amit and Jagmohan . From here she called up her cousin and told she was confined when Amit and Jagmohan went out for a while but couldn’t speak much as they came back. She says she was then dropped by the accused at Rohtak from where she went to Chandigarh. She states that she could not earlier mention all of this because of fear and threats given to her by the accused that he will kill her brother and father if she shared it with anyone. She also alleges that Amit threatened her that since she belongs to a lower caste, she would not be able to do anything. This statement of hers (gist and not word by word) were recorded with the police and the Magistrate on November 11, 2013. There are glaring differences in the statement given by the complainant on this day to the police and the magistrate but I shall not mention them here because of sensitivity of the case.

Accused Amit and Jagmohan were arrested by the police in 2013 and were in Jail since then until two months ago (2.5 years) when both of them were given bail on consideration by Punjab & Haryana High Court that all the witnesses had been examined and the accused could in no way influence either the witnesses or the case and since they had already spent more than two and a half year behind bars and the trial is likely to take more time, they be released on bail. Defence also claimed false implication of the accused. Judgment pertaining to bail of the accused can be read here:

Amit (https://indiankanoon.org/doc/99660078/ )

Jagmohan (https://indiankanoon.org/doc/120811500/)

Media has been consistently repeating “five rapists” for the past few days without looking into the case history at all. The case had five rapists only in one sentence of the complaint and no where else. No details of these rapists were provided either to police or Magistrate on November 11, 2013. While Amit and Jagmohan were behind bars for last two and a half years, a girl named Anamika and a boy named Ravi were given a clean chit quite early in the case as police did not find any evidence against them and they successfully passed a polygraph test too. However, a new petition under section 319 was moved by the complainant and her family in year 2014, almost seven months after the first instance of alleged gangrape to summon Sandeep, Mausam, Akash, Ravi and Sushma @ Anamika as accused again in the case. This case was dismissed by Ms Gurvinder Kaur, Additional Session Judge, Bhiwani in December 2015 observing improvements by the victim in her statement and also that there was no sufficient reason provided as to why the complainant did not disclose the incident of rape to police and magistrate first when she gave her statement freely and without any pressure. I find it important to quote excerpts from that judgment : “When she made a statement on 24.10.2013 i.e the day on which her statement under 164 Cr.P.C was recorded she did not state the facts as mentioned in the statement on 11.11.2013. In none of the statements she has stated that she could not disclose the truth to the magistrate or the police on 24.10.2013 and what made her change/improve the statement on 11.11.2013. When she appeared as a witness of the prosecution, she again put up a new story. She is 17 years and 7 months old and is a student of B.Com 1st year and it is difficult to understand as to what prevented her from telling about the occurrence on 22.10.2013. She herself has contradicted the facts so much that it is difficult to make out as to which is true version. Moreover, the medical examination of Jagmohan and Amit was conducted on 24.12.2013 and 10.12.2013 respectively. The occurrence is alleged to be of 22.10.2013 and the swabs or the undergarments taken for medical examination cannot be connected to the occurrence. No semen was found on the clothes of the victim on the next day of the alleged occurrence. The naming of the persons under section 319 Cr.P.C has no basis and how she came to know about the persons who were mentioned by her in the evidence at a later stage is not clear and not sufficient to summon these persons under the provisions of section 319 Cr.P.C , hence the application in hand is dismissed.

Aggrieved by this order, the complainant and her family moved High Court where the decision on this case is still pending. There was a hearing of this case on  July 19th 2016 and now it has been scheduled for December 2016. 

In a nut shell out of the five accused in the recent case, three that is Sandeep, Akash and Mausam are yet to even be charged or tried as an accused in the previous case. Hence the narrative of the media – that the five rapists who raped the woman earlier have raped the woman again is full of fallacies and not based on the facts of the case at hand.  

In fact Akash – one of the accused in both the cases has not been identified so far. No one knows who this person is. In current case also, cops are yet to establish identity of this person. No action was taken against Sandeep by police ever according to his wife and she states that it was only recent that they got notice from the court that the prosecution has requested for summoning of additional accused – four boys and one girl in the case in which name of Sandeep is also present.

THE CASE NOW:

 As per statement given by the complainant and as reported by various media houses – she was abducted by the same 5 people again on July 13th, 2016 at 1:30 pm when she was returning from college. She has categorically mentioned that there were five people – same who had committed rape upon her earlier as well. They dragged her inside a car and she was gang raped by them and thrown near a Chowk. The girl’s family has alleged that the accused were putting pressure on the family to compromise the case and were ready to pay 50 lacs to them for the same but since they refused, this gang rape was done again.

However, the accused family tells a different tale. Balwan, uncle of main accused Amit told me that the family has sent mediators to them to settle the rape case and pay 50 lacs to the girl. When I asked if they have any evidence of the same, he said he doesn’t as the demand was made through a mediator and they couldn’t record any conversation or interaction when the same was done. The demand came to them sometime last year but they could in no terms gather money like that. He also states that when the accused got bail they were warned by the complainants family of further consequences. He claims Amit never went out of Bhiwani since he got bail.

As the complainant continues to be in the hospital, families of various accused have come out with CCTV footages that showcase presence of various accused at different places on the day of alleged crime.

rohtak

Here’s a brief snapshot:

Jagmohan’s family claims of having video evidence in form of CCTV footage that makes it clear that he was not in Rohtak anytime during the entire day of July 13th, 2016. The CCTV footage includes his presence at a bank where he went to withdraw money. There is a withdrawal slip and they also claim that the bank officials have given their statement clarifying that Jagmohan was present at the bank on that day. The family claims to have proofs of presence of Jagmohan in Bhiwani for the entire day that go against the allegation of abduction and rape against him by the girl in the afternoon.

Amit’s family has also presented evidence of his presence far away from Rohtak on the day of alleged incident. His uncle has shared with the media that he went to the education board on that day and that his presence at the board can be verified by CCTV installed in the premises. He also went to school to pick up his nephew around 12 o’clock , CCTV grab of which is also available.

Sandeep against whom no evidence has perhaps been presented at all in the previous case also has CCTV footage to show he was not in Rohtak on the alleged day of incident. His wife has detailed his entire journey on July 13th from the moment he took a train for Ambala at 4:20 in the morning (Ekta Express) to his presence at various locations in Ambala and Kurukshetra on that day and the next day too. She claims to have CCTV footage that shows Sandeep in Kurukshetra minutes before when he was allegedly abducting the girl in Rohtak.

I wish to specifically mention statement of Garima – wife of accused Sandeep here “No one is listening to us. We are also scheduled caste and not very well to do family but no one wants to look at our evidences. My husband is the only bread earner of my family. How will we survive? My husband has been falsely framed in this case. He doesn’t even know the other accused in this case. We never knew them earlier too. Sandeep was never called for the earlier case and it was only recent that we got to know that High Court has summoned him for the case filed earlier. I just want justice to happen. I know my husband is innocent.” Garima states tower locations of Sandeep can reveal the truth in an instant. Almost crying over the phone, she complains about arrest of her husband since the police had given Sandeep a clean chit after looking at evidence but arrested only because of media pressure.

The same plea was made by the family of other accused too when I spoke to them. Amit’s uncle says “Please hang our son if he is found guilty. But at least look at the evidence that we are giving. I don’t think Amit travelled even for a day to Rohtak after getting his bail. Our son has spent two and a half year in the prison and now we don’t know for how long he will be behind bars. Earlier also these people created pressure in Bhiwani when they recorded their statements again and now also this whole media pressure would make our son rot in Jail for I don’t know how long. All that we can say is – we have been framed in this case.”

This is a link to report from Aajtak with videos presented by the accused. Here while a relative of the accused is sharing the details of the CCTV footage evidence of various accused, the complainant’s brother is stating that the accused have hatched a conspiracy so beautifully that they have managed these evidences:https://www.youtube.com/watch?v=ZkTiWXWUvvg

In this video, the complainant is categorically stating to media that the accused are the same five people. She however did not give statement to police or the magistrate for a long time after case was reported even though doctors declared her fit.  https://www.youtube.com/watch?v=bU08YgX62Gw

Another news story sharing CCTV footage where Amit is seen nearby school in Bhiwani where he went to pick up his nephew: https://www.youtube.com/watch?v=9Elbl2c_xBg

Investigation officer in the case Deputy Superintendent of Police, Rohtak, Pushpa Khatri confirmed to me that the accused has presented video evidence in their defence and that they are investigating the authenticity of the videos in case they have been tampered with. It will take time. When I enquired about the medical evidence that has come in the case, she said Doctors haven’t ruled out rape and other forensic evidence is yet to come.

I spoke to Advocate and Cyber law expert Prashant Mali if it is possible to tamper with the CCTV footage since there are apprehensions being raised that the accused may have tampered with the footage that they are presenting for their innocence. He says “Yes it is possible for the accused to tamper with CCTV footage but only if the footage is personally accessible. It is highly unlikely that they can manipulate footage captured at a bank or a school. If anything like that has happened, it can be found through forensic investigation. Also, I think in these cases the most clinching evidence is tower locations of the accused. A case can be easily cracked on basis of this evidence. And if the tower locations of all the accused is showing to be different from alleged place of crime, it definitely raises doubts.”

Ashish Pannu, senior lawyer who represented Amit for his bail in Punjab & Haryana High Court confidently says that his client has been falsely implicated. “Tower locations of Amit and Jagmohan are completely different from alleged place of crime in the previous case and in this case too. No evidence has ever been found against other four people named by the complainant. Amit and Jagmohan were never known to each other while it was claimed that Amit called his four friends during the gang rape earlier. This has been established clearly on basis of evidences. More over, while the girl claims in her complaint that on 22nd October 2013, she could barely speak to her relative informing that she has been abducted, her own call records show that she spoke for 600 seconds during that call. On October 18th 2013 also when it has been claimed that the alleged gang rape happened in Bhiwani, locations of the girl herself has been found to be in Agroha.”

While some sections of media are reporting that three of the accused have been nabbed, there are reports saying that the accused have surrendered themselves to the police and requested for fair investigation in the case.

 Here is some additional information in the case gathered through various sources:

–          Amit – the main accused in the case lived in the same colony as the complainant in Bhiwani. They are neighbours. Complainant and Amit were known to each other. During investigations of the previous case their call records established they used to speak with each other frequently. On October 18th, date when first gangrape allegedly took place, location of complainant’s mobile number was traced to Agroha – an observation made by investigation officer of the first case. The complainant however denied this observation stating that she had given her mobile to her friend on that day. She however doesn’t know the number of this friend, nor has this friend been presented as a witness in the case.

–          When the case registered before was investigated, Amit and Jagmohan who were the main accused in the case were not found to have had a telephonic conversation ever. Their call details did not reveal any interaction between them before the alleged incident. However it was claimed that Amit and Jagmohan were friends and that Jagmohan was called by Amit. Call details go against this contention. Jagmohan was also said to have been introduced to the complainant by one of her own friends.

–          None of the five accused named in the gang rape case earlier knew each other. They had no connection or conversation between them as per their phone records and otherwise.

–          On the day when the complainant went missing, she left home stating that she was going to college but actually the college was closed on that day.

 I am not passing any judgment on this case even though the accused have already been declared guilty by media.

However, as a person who has mind to think here are few questions that need answers in this case:

  1. Where is the Car in which the girl was abducted and gang raped on July 13, 2016? Isn’t the most crucial piece of evidence in this whole case?
  2. How can call locations of all the accused be at absolutely different locations on alleged date of crime? Even if we believe that they plotted this whole thing and maybe left their phones at different locations, how is an absolutely normal flow of conversation happening from their phones then? How come Sandeep and Garima have several conversations between them on that given day evident by her phone call details too?
  3. How can CCTV footage be tampered with that too of institutions like bank and schools?
  4. The case has been in news for quite some time now. No one who may have seen the girl being abducted in broad day light has come forward to share what he/she saw. How come no one noticed such an act?
  5. How can five people who are not even known to each other completely hatch such a flawless plan that they are appearing on CCTV on some location while they are at a different location committing a crime?
  6. Why were the three other accused not named in the first complaint when a fresh complaint was filed in November 2013?
  7. Why isn’t media reaching out to Ravi and Anamika – people mentioned by the girl in the complaint earlier and take their version since they were declared innocent by police in the case but have now been served notice again by High Court?
  8. Why isn’t media presenting the observations made by learned Judge while dismissing petition filed by the complainant for adding names of accused to the case?

There are several questions to be asked in the Rohtak Gangrape story but the case has taken a political and caste colour now so I am not sure if these questions would be fairly addressed. My act of asking these questions will be termed as Misogyny by many since I am questioning the versions of an alleged rape victim but I think anyone who calls me so should open our courts websites and start reading through some judgments passed in similar cases like these.

Rest – I hope Justice is served.

If these boys have committed gang rape on a young woman – they should be given harshest punishment for a crime like this even if it is a death penalty. But if they have not committed the crime they are being alleged of, I hope people have the humanity to quantify the punishment for those who would wrongly implicate someone like this.

————————    UPDATE : JULY 23, 6:40PM   —————-

#‎RohtakGangRapeCase‬ Update: I spoke to Mr Sanjay Kumar, IGP Rohtak Range, Rohtak and here’s brief conversation:

Q. Has the Car in which the alleged crime took place traced?
A. NO

Q. Has the girl has given official statement to police and magistrate?

A. NO. We took the Magistrate to the hospital also to take her statement but she is refusing to say anything. Doctors are saying she is fit but she is saying she is not comfortable. So we will take the statement when she is comfortable.

Q. How long the boys will remain in custody then?
A. We don’t know. The investigations are going on. As per Supreme Court orders, statement of a girl is sufficient in these cases so we are going by that. Unless there is a something severe that contradicts the girls statement we have to take action.

Q. What’s more severe than locations of all the accused and CCTV footages that they have presented?
A. Well we are looking at them. One of the boy has given one which has timing of 5pm. And Bhiwani is very close to Rohtak.

Q. But what about Sandeep who was in Kurukshetra in the afternoon at that time?
A. We are looking into it. We are verifying those footages.

———————— —————————– —————-

More details about the case and developments in the case can be read here:

Rohtak gang-rape: SIT formed, DNA test of accused ordered

Special Investigative Team formed, to submit report in 90 days 

National Human Rights Commission takes cognizance. Issues notice to Haryana Govt 

रोहतक गैंगरेप में आया नया टि्वस्ट, 4 आरोपियों की लोकेशन की CCTV फुटेज आई सामने 

In case you are thoroughly disgusted after reading this report and think this is victim blaming, kindly go through these cases please. If no rapist should be left out, no one who dares to misuse a system should be left out too. Two wrongs do not make a right.

Court acquits Amity Gangrape accused, says evidence cooked up

Woman fakes gang rape to extract seven lakh

Woman who alleged gangrape held after sting shows it was ploy to extort money: Cops

Bathinda gangrape story fabricated, woman aide held

Woman files false gangrape case against murder case witness , arrested 

Vardaat: Girl Caught Trapping Men In False Gangrape Cases, Blackmailing Them

Please also read this case where three men were incarcerated for two years in a false gang rape complaint filed by girlfriend of one of the accused. As per the details – the girl eloped with one of the accused. When brought back, she said she wanted to go with him only and not her parents. After some time, she was called back by her parents and here is when she filed a gang rape complaint against her partner and two of his friends. The court acquitted the accused eventually asking the woman to “stand for seven hours” in the court as punishment for filing false complaint. This lady had apparently got married to someone else while the accused were rotting behind bars during trial of the case. Strangely these matters are not discussed at “The News Hour” and this doesn’t look Injustice to Lord Goswami!

Screen Shot 2016-07-21 at 12.35.08 pm

PS: If you wish to share this story on your platform or connect with people quoted in the story, kindly write to deepikanarayan@gmail.com 

It was way past midnight when someone shared Adhyayan Suman’s interview with me on Twitter. I was sleepy. But after reading it, I was almost in tears. The interview was long, very long. But not longer than the life stories I have heard and read, shared with me by men who are in abusive relationships. A lot of people have found Adhyayan’s story scary and disturbing. I did not! Because I talk to men and their families with much more painful stories almost every day! Even then I thought it was very brave of him to share his heart out. There was no reason for me to disbelieve his story. Because I did not see him as this rich, spoilt, unsuccessful man who hasn’t made anything of his life. I saw him as a human being who got into a relationship where he was made to feel like no one while being subjected to abuse. Every line shared by him, every experience shared by him correlated with endless stories I have heard where a man is at the receiving end in a relationship. Similar equations, similar patterns, similar behaviours, similar apologies, similar hopes, similar dependencies, similar defiance and almost everything similar! It was not just a case of “Oh I was physically and mentally assaulted in a relationship” statement but a moment by moment , episode by episode account of what had happened.

I still remember when I was first slapped in my life. I still remember the place, the time, the person and how I felt. No one forgets it. Whether it’s a woman or a man – it’s painful.

Unfortunately, we as a society do not think it to be if the one being abused is a man!

We ask him to chin up and stop being a cry baby. We remind him he is unsuccessful so he doesn’t have any right to speak. His sharing makes for a sick read even if we claim to be a feminist – one who believes in equality of all! We shame his parents for bringing up a son like that and ask his father to buy him a brain surgery next. We tell him he is no one and will never be anyone because – because he has committed the gravest crime of saying he was abused by a woman! (All these statements have been made by journalists and feminists for Adhyayan)

No one questions if a woman speaks about her abuse after years. If not supported, she is at least not ridiculed. But Adhyayan has been. By the very same people who talk very passionately about gender abuse. He has been questioned for speaking up so late, abused for blaming a successful woman, criticized for his failures and accused of being a publicity seeker.

Here’s my interview with him where he answers some of my own queries and some of those who have written him off……

It’s neither easy nor common for a man to share about abuse he faces within a relationship. You did that and that too after very long. How have people reacted to it?

Some people have supported me and I am thankful to them. But largely it’s been extremely insensitive to say the least. I am appalled actually. I could not imagine the topics people would choose to discuss from my interview. I mean people are discussing whether menstrual blood is pure or impure while talking about my interview having no regards to what I went through as a human being in that relationship! They forgot everything I said, put my emotions in the dustbin and what they found more apt was to discuss purity of menstrual blood.

The only thing people are questioning is – why after seven years? There are so many things that come out after years. There are so many autobiographies that come out after years. There are so many episodes in your life which you keep within you for years.  There are moments in your life when you feel you are ready to talk about things. I felt it now. If not now, I would have eventually spoken about this because I would not have been able to keep this within. One thing that I have understood over years is that in our country, it’s not good to be silent.  One has to get up and fight. It’s not about rights or men or women or feminist or sexist or whatever that has been discussed post my interview – it was just about taking out something that was there inside me , I wanted to talk about and move on. I always felt discomforted with people believing only one side while there was something absolutely different that happened in reality.

This baggage was extremely heavy and I had to get rid of it. It used to kill me. It was there subconsciously for a very long time. It used to sometime or the other, some conversation or the other pop up and I wanted to put an end to it. And it’s not about failure or success at all. The way some people have reacted to my sharing just because in their eyes I am a failure is insane. They have cherry-picked things from the interview and twisted them to their own convenience. I never said Kangana used to mix blood in my food. But they have attributed that to me and discussing it endlessly. In an Industry like Bollywood, where there is so much pressure on you to succeed, if things are not falling in place, you tend to take advice and there are people giving you tips and gyaan on what to be done. So this episode was just one of those where my mother had called that Pandit jee and he asked me if she cooked food for me and I said yes and then he looked into my eyes and spoke something about Vashikaran while making that statement. I did not believe him and in fact when he left I was really angry on him and thought it was crap. I fought with my parents on why he was talking like that and blamed them for perhaps making him say all those things because they did not want me to be with her.  In fact I used to always defend her saying she can never be wrong, she cooks for me. I was so much into that relationship that if anyone said anything bad about her…any producer, any friend or family….I used to disbelieve them and sometimes even abuse them for saying anything wrong about her. But then when you look back and ponder over things, you realize you were not that kind of person, you were not so defiant. How the hell did it happen? And then you wonder if you were in some kind of a spell. We live in a modern society but there are still so many things that happen in the world. I just stated what happened and what was said to me whether I believed in it or not. But your mind certainly thinks about things. After Jashn I had 10 films lined up and they were big banners. None of them worked out. I did not speak about them in the papers because there was no point. And they had not happened. Things were supposed to take off but they did not. I did not say they did not happen because of her. I said that things did not happen. Maybe it was my stupidity. Maybe it was the decisions that I took.

Adhyayan-Suman-04-12x9

When I started people wrote about me and other actors as the next generation super stars and then today people are writing  that I am ‘Inconsequential’ just because I chose to share my story. It’s hard. But truth had to be told. Every line, every coma, every full stop that I said in that interview is the truth otherwise I wouldn’t have the time and the audacity to speak up when it’s already very tough. No matter how strong you are it doesn’t feel good to read certain things about you and then you decide you have to speak up.  I had to get things out of my heart and I did that.

What I have realized is that the world will always have two opinions. If I say it – they will say I have done it for publicity. If I don’t say anything they will say he is Inconsequential or not man enough. So you can’t control what people say. You just have to present your truth out there and let people decide.

Kangana is a big star today while you have not done well in your career. I am sure you would have realized people would take this as a publicity stunt at the expense of success of a star. Still you went ahead and spoke about it. Why?

I did think about it. My father left the decision on me and said it’s a very sensitive issue and I should think about it. But then I have said it in the paper also – It was not about Hrithik or Kangana. It was not about anyone else. I was about me.  I spoke because I saw someone else going through the same thing in exactly the same pattern. And I had heard so many things from so many people in exactly the same pattern. What happened to me was much worse but I felt a strong sense that people need to know about this. I felt really bad for Hrithik, not as a Man but just as a human being. I am not supporting him or taking his side but I felt it was important for me to just share my story of what I went through.

 If I would have done this in 2010, first no one would have believed me then also and then I was not even in a space to talk about it. I had not even spoken to my parents properly about what I went through. I did not want them to know. And then I realized that when you are down and out, people make you feel like shit and walk over you and call you inconsequential and what not! The woman who we are talking about comes from the same space. People who are supporting her now are the same people who were talking shit about her back then. About the way she spoke, the way she dressed, about her character, about the psycho roles she played in the films – it’s the same people. Today she is successful so they are all gung ho about her – I understand that. From my side she can go and do Queen Elizabeth and win five Oscars, it makes no difference to me but nothing takes away what she did to me, the way she treated me as a person.

In my country everyone has right to speak, right to express. Just because I have a certain background doesn’t mean I cannot have a story, I cannot be abused. I am a human being and I wanted to share what I went through because it was not normal. It was not just a break up and little bit of physical violence, it was insane! It’s tough for a guy to anyways speak about abuse and violence but it’s tougher when you are an unsuccessful man – It’s very very very tough! But then I thought I have to get rid of this baggage. I also have the right to share what I went through. I also need to have my closure and move on and not feel I did not express. Otherwise it would have hampered me until I spoke about it. It would have bothered me forever. More so because what people are made to believe is not what the truth is. Just because she has three National Awards so people want to believe her and I don’t have any award so I should be disbelieved – that’s strange! Would they believe me if I had won two national awards? No! I find it so artificial.

People are saying I have done this for publicity when I have disappeared from any sort of media for years because I had nothing to talk about and I did not want to be in the news for no reason! I don’t want to cook food and be in the papers. I don’t want to attend award functions to be in the papers. I got so many calls to attend these functions all these years. I did not. I had plenty of opportunities to be in the media or talk about her. There was an article in 2011 stating I broke up with her, I used her blah blah. I was like – what the hell. I could have spoken up then also but I chose not to. I did it this time because for no mistake of mine, my name was being dragged where I was presented as the loser boyfriend of hers who used her and then people called me and said dude this is never going to end because no one knew my side of the story. People only knew her side of the story. And my side of the story was tough. It was humongous. I had to say that and I said it. It’s as simple as that!

 What you have shared in your interview is not one but several instances of physical and verbal abuse with details of each. A lot of people want to know why did you not press charges or complain to the cops.

Press charges? When I had already given so much of pain to my family during that time whether it was she abusing my father or me becoming completely defiant, if I had pressed any charges, I would have further dragged my family to police stations and cops and got them deeper into the mess. I would have killed myself instead. With so much pain I had already given them, I just did not want to. Moreover, I did not have a face. When so many people told them what was happening was not right, when so many people called me to get out but I became defiant and did not hear anyone, I did not have a face to tell them that I want to take any action. I did not know what to do.

For a very long time I hid the fact that she has been physically violent because if I had told then my mum would have perhaps lost it. So I had to hide that. But eventually I had to come out and share it because the agony, the torture and the frustration was too much to bear. And then if someone has faced something why should one not talk about it? I did not want to file a complaint because I did not want my family to suffer even more and they would have had I spoken then. I know even now my family will get involved into this but at that time I just did not want that. I decided to speak because there are certain closures even my family wants. We are also human beings. My father has never been into any sort of controversy ever. He has not! He has been extremely successful and all on his own. If people can’t recognize that especially some inconsequential journalist who asks who he is, I feel sad! I really feel sad. I did not want to go to the cops because I did not want to raise some placards and cry for Justice. Neither it’s easy nor did I want to. I just wanted to express and vent out what I went through emotionally and I hope more people do that.

I have followed quite a lot of sarcasm and brickbats you have received online particularly by women who claim to be Feminists and hence by definition of feminism in books, stand for Equality. I find it amusing that the same people who give several reasons for why women stay for long in abusive relationships have condescendingly said “why didn’t he walk out if he was abused?” . What do you have to say to them?   

Oh yes. A lot of Feminists have questioned – Oh she used to beat you, why did you not leave her? I just want to tell them that I come from a space especially when I am more like my mum – where we listen to problems and try and solve them. If someone has some difficulties as a person or in their life, I feel I should be able to help them. I come from a very true space of love. I don’t believe in infidelity, I don’t believe in cheating and I am being honest that I really don’t. Obviously when I met her, there were a lot of things told to me about how she was from a small town, how she came out of an affair with a married person where she was beaten up – all those things – they melted my heart and made me fall deeper in love with her. That’s also a reason I wanted to be with her so that the past can be forgotten and a new journey can begin from there. Sometimes in life, you keep waiting for a positive moment from the other side to happen. You go through a negative emotion with your partner and you tell yourself – its okay things will be fine. Then it happens several times and you try and understand what’s happening. When you are in a relationship which is emotionally manipulative, you go so deep inside of it that you keep abusing people and anyone who warns you about it that they are wrong everybody is wrong and keep thinking that the other  person will change, something good will come out. But by the time you come out, you realize nothing positive is going to happen , nothing good is going to happen and you feel you are screwed . It’s just too late. You feel shattered completely. Today I feel blessed that I just snapped out of it. I just snapped out of it when I heard her abusing my father. I felt shattered. I made sure I never ever crossed paths with her. Never in my life ever again!

The day I broke up I deleted every memory I had of her, everything that could remind me of her. Today I feel I was stupid. I should have kept those abusive messages. When I broke up then also she sent me message “I will ruin you and your father Behen***d.” I wish I had saved that message because it has reverberated in my mind for the last seven years of my life. And I can never forget that.

Also, why no feminist asked Kangana that question ever. Why was she with a married man who she calls abusive for five long years? Why did she not leave him? What interest did she have for not leaving him? Can someone ask this to her? No. Because she’s successful today and no one can dare.

People have written off your interview particularly because you spoke about black magic. It is hard for everyone to think that an educated person can do such things. What do you have to say? Do you have any evidence of it?

Well do you make videos of such things? When you have no clue as to what is happening and then someone you love is asking you to do something which is just so unbelievable – I was shit scared when that room thing happened. I was shivering. I was so confused if I should tell my parents or not. At that time, I lost out on my friends as well. I wasn’t meeting then. I did not know who to talk about this to. I did certain things she asked me to do and certain things I did not. I did not tell her I am not doing it because then that also used to piss her off!

Do you think it’s easy for a man to speak about mental and physical violence in a relationship given the fact that no one believes if a man is violated by a woman?

I don’t know if it’s about men and women. I don’t know if it’s about Gender. It’s about psychology – knowing someone that deep and manipulating a person the way you want. When you don’t know what to do and you take the beating and violence, get slapped and have things thrown at you. Any sane person with a stronger heart and stronger mind can get out of it – it would be easy for them but then there are certain people who come from a protected background who just haven’t seen these kinds of people or that kind of behavior. And when you are put with such a person out there for the first time when you are barely 20, it completely boggles your mind. Seeing something like that in films and seeing it personally happening to you are two separate things altogether. It’s really tough.

When you are beaten up, you tell yourself what the heck are you doing here, get the fuck out of here but the next moment you are going up yourself saying “Sorry baby I love you” and you are apologizing because the other person makes you believe it’s your mistake. It’s nothing but kind of mind games that a person can play with you. And only those people who have been through something like this can understand this. People who are far away and probably haven’t dealt with something like this will make fun of you and make you feel like shit and say you are too weak. I hope that men out there come out and start talking about the pressures they face in a relationship and abuse they go through. When people can hear the good things in our life, why can’t they hear the bad part of it too? Why can’t they believe the bad part of it as well?

Many people have sympathized with Kangana for being called names. Some of these very people and many others have called you names – Loser, Unmanly, Faggot, Liar, Good for Nothing, Just an EX and much more while hurling abuses at you. What would your message be for them?

I just have one message – According to me what I did was most manly thing ever. When I was in relationship also and when I was out of the relationship as well! It would have taken me nothing to reciprocate the abuse and violence I was subjected to. But my father told me one thing very clearly in my life that never ever hit a woman. Ever! I had told myself that I will not retaliate. I chose the right way. I hope more people can speak about the emotional trauma they go through. Men and Women are committing suicides. Because they are in these emotionally manipulative relationship and they just don’t know what to do, who to go to. They should talk about it because if you don’t do that, you suffer and it takes you nowhere.

Do you think there is a bias in the minds of people when we talk about gender abuse and violence? Do you think they just don’t want to discuss this issue?

There’s definitely a bias in minds of people to accept a man as the one abused and a woman as the abuser. They are saying – he is a star kid, he is a man – nothing of this sort would have happened to him. It’s sick but then there’s no point talking about it …

An editor of a news channel has thanked me for telling him that “I am no one.” Some journalist has said I am doing this because I have a movie to release soon when there is no project of mine releasing for the next few months. There are many more people who have said things nastier than that. My career is the only benchmark from which I have been looked at even though what I shared was very personal. But I think it just doesn’t surprise me because they have become so heartless and insensitive that someone’s life is just a piece of news for them and they judge and comment because they also want to be a part of that trend. Now there are two options – either you leave knowing that there are people who support you and believe in you or you stand on your ground and fight. What I have decided is that I will fight this.

Why do you think the backlash against you has been so strong -because you are a star kid or because you are a man or because the person you are standing up against is a very successful woman?

I think it’s because person who I am standing against is a very successful woman and also because I am a man. I don’t know how many men have come out like me. After my interview, there are so many men who have reached out to me to share their pain and I realize there’s so much happening around. Ironically these cases do not become talk of the town unlike cases where woman is the victim. We always hear about those cases only.

Its okay if people don’t want to believe me, please don’t. But why are they abusing me and my family for speaking up? There are things that have been said by people in her life before me, there are people who have complained about her abusive behavior to the cops before me, I am not the only one who has spoken then why are they targeting me? If they want they can investigate what I said. I said the truth but still if they do not wish to believe, it’s their choice. I stand by whatever I have said completely. I think this is exactly the reason why men do not talk about their sufferings. They are accusing me of having a PR machinery when there’s no one representing me.

What will be your advice to men who are in abusive relationships?

They need to talk to their loved ones. They need to talk to their parents. They need to listen to them.  And if your parents are telling you that something is not right, they are saying it out of experience. They are not saying it just out of love they are saying it because they have seen more life than you have. They have been in more relationships than you have and relationships are much more than just having sex. It can be any manipulative relationship with your family and they have a sense of what’s right and what’s wrong. When they tell you not to do something because you might lose out on crucial time in your life, don’t do it because they are talking out of experience. At least think about it – don’t be defiant like I was where I used to make them wrong for advising me because she was always right to me and one who needed me. Don’t do that because I have lost a lot. It took me a lot of time to come out of it. So all the young people, because we have lesser experience of life than our elders, please listen to them. Above all – speak up, share and talk. Don’t feel ashamed.

Last but not the least , why do you think a successful person like Kangana would do all this? She is successful, stable and rising in her career. Why would someone dig their own grave?

When you have certain habits, that you just can’t get rid of, you tend to repeat them and sooner or later, you fall into your own grave that you dig for others.

******************************************************

Some links for reference –

I was notorious and had beaten up every single boy in my class. I was the class monitor and hence I would bash them up to keep them in check – Kangana Ranaut

Kangana slaps her driver for asking directions

I told Adhyayan ” Welcome to the Circus ” – Aditya Pancholi | Mumbai Mirror | 2008

Image Courtesy: Glamsham.com

 Interview conducted by Deepika Narayan Bhardwaj over skype

“Money Minded hona padega thoda” Is the first response by a Delhi Girl in a video titled “Millionaire or Good in Bed” on Youtube where Youtuber Love Rudrakash asks girls, what kind of boy would they choose – one who’s a millionaire or one who is good in bed? The video is a collection of response by educated, independent, in all probabilities gender equality or say Feminism taught women of India.

Most girls in the video choose a Millionaire!

One girl frankly says she would “marry a millionaire and have extra marital affair with a man good in bed.”

There’s another video on similar lines on Youtube titled “Mumbai Models on Millionaire or Good in Bed” where again more girls (models) who must be earning well themselves say they would prefer a Millionaire over a person good in bed. In this video one girl makes it pretty clear that while “there can be many ways to satisfy oneself in bed, there can just be no substitute for a millionaire!”

Only one girl in both the videos is heard saying – Well I can earn my own money – Just one!

So why am I discussing these videos?

Because few days ago, an advertisement by Ola Cabs for Ola Micro invited wrath of Feminists ultimately leading to pulling down of the advert from social media and all other channels for being “SEXIST.” For those who did not see the ad – it shows a girlfriend hopping from one shop to another asking her boyfriend to buy things for her and the boyfriend emptying his wallet as per her request with a funny background sound repeating “Baby, Baby”. The guy in the end says – Meri girlfriend chalti hai 525 rupaiye prati kilometre se par Ola Micro chalti hai 6 rupaiye prati kilometre se. There is another ad showing father-child duo with almost similar lines – but that hasn’t drawn flak from anyone.

While the social experiment videos have confession from girls themselves of their preference of a Rich Man (need I discuss the reasons?), an ad depicting that reality has been pulled down for being Sexist! Such was the furore by Feminists on Social media that while one threatened that she would commit suicide and blame Ola Cabs for the same; other claimed the ad was worse than what ISIS does to Women (yes really)! Feminists opined that the ad was promoting “Rape Culture” and was designed by patriarchal ad film makers who objectify women all the time.

So was the Ad Sexist?

Well to me not. And no matter how much someone wants me to think it is, I won’t. Because what I saw in the ad was truth and if truth is sexist, so be it! From phones to laptops to apparels to what not – girls do demand stuff from their man and if an ad shows a comparison of how much he is spending while walking with his girlfriend in a market vs riding with her in a cab – how is that Sexist? One can say there are many women who do not fall into this category today which I completely agree with and respect at the same time but why should I be forced to think that the ad is a comparison between a woman and a car and not comparison between the money that the man is spending on his girlfriend vs drive in the car? Do we not calculate our financials on basis of our expenditures on different things including the amount we need to shell out on our relations as well? Is it Sexist? If it is then how come those ads that come on occasions like Akshaya Tritiya asking  husbands/in-laws to buy special Jewellery for “her” NOT?

But then I thought I may be WRONG to think that ways (you know I speak up for men and in feminists minds I am a Victim of Patriarchy) and hence decided to take public opinion and ran a poll on Twitter on what people thought about the ad. About 2000 people responded to that Survey out of which 80% believed that the Ad was NOT SEXIST while 20% believed that it was SEXIST! When I posted the poll results another feminist opined that since most people who follow me are MRAs (2000 really?) the result is expected!

Ola cab

So I went to an educated, strong and Independent woman who I really admire to take her opinion. This is what Dr. Shobha (@DrShobha) said – “To my way of thinking, there is nothing sexist in the Advertisement. It showed a man voicing his thoughts loud. Don’t we all exchange suggestive messages and innuendos on whatsapp between husband and wife or girl and boy relationship and laugh over it and enjoy it? This outrage in my view is unnecessary, least relevant to resolving actual issues pertaining to women.”

Another very young, independent girl, Suvie Ritu said this to me about the ad – “Old Ad sends a sweet message that women love to be pampered by their man in form of buying her gifts. Sexism is when something unfair is spewed against a Gender. What is shown in the ad isn’t unfair but the sweet equation in a relationship. It depends on how we look at it – sweetly or cheaply.”

Hashtag #OlaAd had many such responses from women themselves –

Sangeetha Shetty (cafeeinehot) – I honestly did not find #OlaAd disturbing. People these days can outrage over any silly thing.

Jade (@ImGoanCrazy) writes – On one hand, I wish my clients had a sense of humour. On the other, companies with a funny bone get slammed. Sigh!

Sanyaasan (MohMaaya) says – I would also outrage against #OlaAd if I had not seen things like that happening up close and personal!

And this long one by Priyanka (GurugramDiaries) – Don’t know how much Ola Cabs ad is going to help it but I am sure the very same men who are laughing it off are going to be the best father to their daughters. Take humour the way it is….and just laugh it off. 90% of advertising on TV Channels is Sexist. We have better ways to educate the world than scratch and root sexism where it shouldn’t bother. And if you can’t – then make sure you are agitated for ads that project men as incompatible to women’s feelings and needs because everyone is not the same!!!

I am not quoting any reaction from a Man here because – well you know  😐 😐

If everything has to be looked from the prism of Gender, sexism against some gender can be found. Sexism against men is rarely objected. No one bats an eye when ads stereotype and ridicule men. Ads like that by Amul Body Primer Ultima showing a husband getting slapped in front of his child and wife laughing over it; Asian Paints declaring ‘Husbands are Useless’; Gillette calling unshaved men ‘lazy and ugly’ or Vodafone suggesting any man walking behind you can be a rapist or molester – never become a reason for protest. Even if someone objects, they are passed as light humour. Strangely, feminists who claim they are about equality for all and against any gender stereotyping pretty much enjoy and have fun over these male bashing ads!

Coming back to Ola – Well the lines towards the end in the Ad could have been worded better but then I am not sure if creative agencies are consulting a “Feminist” yet to pass the “Sexism Test” for every script they write. I suggest they do especially if the ad has got anything to do with man-woman relationship. Because in the words of famous feminist Anita Sarkeesian “Everything is Sexist, Everything is Racist, Everything is Homophobic and we have to point it out all the time to everyone” and she has many ardent followers in India now. So it’s better to be safe than sorry!

Ola has a lesson in hand and with them I feel should every brand. It doesn’t matter whether the Ad was Sexist or not – A brand has been branded as Sexist! Surprisingly, the same people who were boiling against boycott of Shahrukh or Amir Khan movies by those offended with their allegedly anti-national comments are now asking for public boycott of the Cab operator without any mercy as they are offended by the allegedly sexist ad by the brand!!! Double standards much….

In the end…. it doesn’t matter if Ola is trying to rope in as many as possible women entrepreneurs to partner with them, it doesn’t matter if Ola is putting efforts to give employment to scores of women drivers, it doesn’t matter if the company adopts most stringent measures for women’s safety, it doesn’t matter if it takes immediate action on complaint by a female passenger, it doesn’t matter how many lives of women it is impacting  – since it showed an Ad which has been declared Sexist by a selected Few – it needs to be shunned and boycotted. All the people behind the ad should be called as those spreading rape culture and women should not board their cabs because suddenly they have become unsafe! All of this because – Feminism in India 🙂 🙂

Can I please request some of these women to go and protests against those laws also that require a husband to “maintain” his wife and her “lifestyle” even if she is able bodied, educated and earning????

 Dyammmmm SO SEXIST!!!

Reports of rape of a 28 days old baby in village Khurja Nagar near Bulandshahr by a 25 year old man hit the national headlines two days ago. It went Viral on social media with news on every platform shared by thousands and lacs of people and read by millions. Obvious reactions to the report were – This is the lowest humanity could stoop to, This is Inhuman, What kind of world are we living in, Hang the Rapist and more……People were disgusted, felt their stomach churn with the news and could not believe what they were reading about. The News reports were so chilling that it would make anyone respond like that.

23956-there-are-always-two-sides-to-a-story-unless-youve-heard

However, only if the Journalist who reported the news first had done basic investigation and verification of report, the hysteria could be prevented. If the viral media platforms – who perhaps only reproduce these reports without any journalistic efforts – could have just picked up the phone and called a number or two to verify the report , India would not have been shamed one more time and we would have had a better sense of what happened.

But………..

So, It took me just 10 minutes to call up the SP Office Bulandshahar first and then SHO Khurja Nagar to know more about the incident. I spoke to Mr. R K Sharma who shared some crucial details about the incident. Here is what he told me –

“The injuries on the child’s vagina were of nature that can happen even because of wiping with a cloth (news reports said profuse bleeding.) Medical Reports have ruled out any rape. No penetrative assault has happened at all. Now a medical board has been formed to look into the case but initial reports do not suggest any crime as alleged. We are investigating the case very closely and will take actions if anything as alleged has happened. We have been informed by the villagers that the father of the child had made allegations of rape on his wife by another man in the village a year ago and taken money to strike a compromise. It was a false case and now also villagers and neighbors of the complainant themselves are saying nothing like that has happened. Statement of the complainant have been contradictory as in the FIR they stated that they went to vote when the crime happened while to the doctor, the mother said she had bathed the baby and left her in the open on the roof and gone downstairs when the assault happened and she saw the accused man escaping.”

Reports by mainstream media have been on the statement of the parents to the police in which they have said they went out to vote when the assault happened. I asked the police officer on what did the parents say about leaving such a small kid at home and who did they leave behind to take care of her (it was the most important question that came in my mind when i read the reports) , to which he replied “They haven’t mentioned anything. Apparently the baby was left alone when they went as they have not mentioned any name as to who was taking care of the child when they went out to vote. Their statement to the doctor is different.”

I asked the officer what could be the possible motivation of the parents to have made such a heinous allegation if it did not happen. He said “These are election times and there are lot of conflicts that happen because of it. We have been told that the accused had a fight with the complainant over who to vote. Our investigations are on right now and we are looking at the case from all the angles. Strict action would be taken against the culprit if allegations are true.”

Having heard the side that was perhaps not reported by most of the media outlets, let’s look at different reports on the same incident.

The News story was first reported by PTI and said the baby has been allegedly raped – http://www.ibnlive.com/…/28-days-old-baby-allegedly-raped-i…

What was an alleged rape was confirmed as rape in the process of the news being shared – http://www.indiatimes.com/…/a-28-day-old-baby-was-raped-by-… Last lines of this report from Indiatimes were “Next time you talk about the direction of human evolution highway, maybe this incident will be one of the roadside wrecks your conciense will mention,” though the report did not have any additional inputs from anywhere on the story!

If that was not enough, this website went ahead , picked a representational image from internet and wrote “I am 28-Days-Old and a Rape Victim” without caring much that the child shown in the image is actually someone’s child http://beingindian.com/28-day-old-infant-raped-by-a-25-year…

The initial reports (PTI report essentially) named the mas as Namino (25) but this report from Times of India http://timesofindia.indiatimes.com/…/articlesh…/50068065.cms had a completely different name and age of the alleged accused. It mentions the accused as a 20 year old Naveen Jatav. I would credit this journalist for having mentioned the submission of police about inconsistencies in the statement of the mother and father, vendetta as possible reason behind the complaint and the fact that doctors have ruled out rape. However no one in the media reproduced this version but the PTI one – even though this report came on December 6th, while the reports citing PTI news as source came only on December 7th. It was perhaps easy to just share the reports and leave it over there….

The reports have now reached International Media and India would be condemned , shamed and looked down upon once again for lowest of lows in Humanity because of an incident that probably has not even happened. http://www.khaleejtimes.com/…/shocking-28-day-old-baby-rape…

Attention of the world is likely to be drawn on India just like few days ago when an unverified report of khap panchayat ordering gang rape of two girls because their brother had an affair with a married woman in the village, went Viral. No one went on ground to know what had happened. No one bothered to ask even the basic question of when had the Panchayat convened, where, which date, who all were the members and what was the order. The entire story was based on a petition submitted by the girls and no one felt the need to dig the story further and know the story from all the sides. After the initial reports and hysteria, Amnesty International took it upon themselves to save the girls and started an online petition which got lacs of signatures from who’s who of the world with many leaders in the world expressing their shock over such a disgusting diktat. Not until the BBC UK sent a reporter to investigate the matter on ground did the other side of the story even surface. Few reports by Indian media followed after, questioning if thePanchayat had actually ordered anything like that! After the BBC report, Amnesty accepted that they did not verify the report at all before starting the petition. The organisation still hosts a link on its site , crediting their signature campaign for the success and getting girls the needed police protection. http://www.amnesty.org.uk/india-dalit-sisters-protection-ra…

Only if it was needed on grounds of verified truth!

If I go by my experience in these cases, it is my assumption that the girls petitioned for their safety and alleged order of gang rape by Khap in a bid to save their own brother. it is pretty evident from the BBC report that the brother of these girls and the married woman had an affair and everyone in the village knew about it. Since the couple allegedly eloped and then were brought back to the village, it could be that the woman’s family would have filed rape charges on the man. Before anything like that would have happened, reports of petition of girls made National Headlines and what happened after is known to all……

My assumption isn’t without any evidence. A report by The Hindu cites how 40% of the fully tried rape cases in Delhi courts are cases of willing elopement of the girl and the boy and when they return, a case of rape is filed on the boy by girls parents (http://www.thehindu.com/…/the-many-shade…/article6261882.ece) This article where a Judge comes down heavily on such cases reveal the disturbing trend. (http://www.ibnlive.com/…/girls-caught-with-lovers-filing-fa…)

While I make an assumption, I am stating it as an assumption. I am not stating it as the truth. But the reports today that come in India, particularly related to crime against women are least investigated and verified and mostly reported as if that’s the only truth. The readers are not informed about most important facts of the case neither the Journalist makes an attempt to speak to several sources about the story, forget about the accused. Many times, the FIR is reproduced as news – which is nothing but the complainant’s side of the version. Whether the report is true or not, the name and face of the accused is printed and he is shamed on national media. No one thinks about the impact of that report/alleged crime on the accused in case he is innocent. Acquittals in cases of Crime Against Women are rarely reported and even if reported, are hidden somewhere on the last pages while the alleged crime is reported on the front.

This plea by a man asking Supreme Court of India to “return his dignity” after he was found innocent in a rape case speaks volumes about situation of people who are punished and held guilty for a crime they have not committed. http://timesofindia.indiatimes.com/…/articlesh…/18898781.cms

In the end, I would just repeat this quote by an anonymous author which applies to me as well as anyone in the field of Journalism – “Beware of the Half Truth. You may have gotten hold of the wrong half”

Image Source: Insipirably.com

A Delhi court has acquitted a man accused of rape by a woman he met on matrimony website Jeevansathi.com after finding that the physical relationship between them were consensual and not forced.

The woman,  a 35 year old and well educated person, claimed that the man raped her on pretext of marriage when they stayed together at a hotel for two days post their interactions on the matrimonial website. She also claimed that the accused called her to Delhi saying that he would make his parents meet her. But his parents did not come to the hotel and then he forced her to stay in the hotel for two days and established physical relations without her consent.

During the course of trial the court observed that the woman was well aware that the man was not a resident of Delhi but Moradabad and hence it would be difficult to believe that she would have come to Delhi to meet his parents. It was also found that the woman did not inform her parents also of this alleged meeting. In fact she had lied to her parents that she was going for an office trip and the accommodation was arranged by the office, thus making it obvious that she had planned to stay with the accused for the said two days with her consent. The court found claims of the woman self contradictory as she claimed rape and rape on promise of marriage in two differing statements.

The judgments ponders over allegations of rape on promise of marriage in depth stating :

It is well settled law that a promise to marry without anything more will not give rise to “misconception of fact” within the meaning of Section 90 IPC. In the case  of  N.Jaladu  ILR (1913) 36  Mad 453 relied upon by the Hon’ble Apex Court in Deelip Singh @ Dilip Kumar vs. State of Bihar, 2005 SCC (Crl.) 253, it has been held that a representation deliberately made by the Accused with a view to elicit the assent of the victim without having the intention or inclination to marry her, will vitiate the consent. If on the facts it is established that at the very inception of the making of promise the accused did not really entertain the intention of marrying her and the promise to marry held out by him was a  mere hoax, the consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 clause secondly IPC.  It  is  equally  well   settled   that  the  onus  to  prove the absence  of such   consent lies solely   upon   the   Prosecution. In   the   present   case   having regard to the evidence led on record, I find that the  Prosecution has failed to discharge   this onus. There   is   not   even   an   iota   of   evidence   on   record   to establish  that the accused   did   not   entertain   the   intention   of   marrying   the Prosecutrix   since   the   very   inception   or   that   the consent   of   the   Prosecutrix obtained   by   him   ostensibly   on the   promise   of   marriage   gave   rise   to   any misconception of fact within the meaning of Section 90.

The judgment also details how accused in this case pleaded the complainant to wait until the recovery of his mother who was ill but she filed a case of rape on him. He claimed he had been falsely implicated in the case by the prosecutrix as he did not fulfill her monetary demands and give in to extortion by her.

While acquitting the accused,Justice Kaveri Baweja observed “it cannot be held that the Prosecutrix gave her consent for physical relationship with the Accused under any misconception of fact as per the mandate of Section 90 IPC  or that her consent was vitiated on account of any such misconception given to her by the Accused at any point of time.”

A Delhi court has acquitted a young boy Rupesh Mathur, resident of Sant Nagar, Burari , Delhi in a rape case filed by his neighbor and tuition teacher who falsely accused him of rape because he had rejected her proposal of marrying her. The court found the complainants testimony unreliable, non credible and her conduct during the alleged incident unnatural and one that made her claims highly doubtful.

The case dates back to February 2013. The girl, who is older to the boy who she accused of rape, used to take his tuitions. He was studying in class XII at that time. As per the boy, the teacher proposed him for marriage, which he refused, post which she filed a false rape case on him and implicated his family too, to pressurize them and also extort money from them.

The case of prosecution fell flat as the defense presented evidence that on the day of the alleged incident as claimed by the girl, the boy was actually writing his board exam at the time she claimed he raped her. Rupesh was in his school giving his physical education exam on that day and had even clicked photographs with his friends since it was their last exam. His friend deposed as witness in the case and also presented the photographs on the day of the incident lending credence to their testimony. The judge also found it strange that the woman did not tell about the rape to any of her family members including her father even though she had called her father after an alleged quarrel with the accused boy’s family.

The defense argued that the girl was habitual of filing false and frivolous complaints of molestation and rape on people to extort money from them. Details of FIR registered by the same girl on other people accusing them of molestation and rape was also presented during the trial of the case.

A close look at the facts of the case reveal that not only a young boy, but his father, a poor vegetable seller, his sister, his sister in law, uncle and aunt were also implicated in the matter by the girl. As per evidences presented by the accused, the girl went to the extent of drinking “All Out” to pressurize the police to register a case of rape against the boy and his family.

Rupesh and his father have been honorably acquitted from charges under section 328/376/34 IPC by honorable Justice Kaveri Baweja. Other family members were not included in the case as no evidence was ever found against them during initial stages only.

Editor’s Note: We have seen unprecedented outrage over rape cases in the country over last few years. Here’s a case of a young boy barely out of his teens who has been falsely accused of a crime which is considered to be that not only against the victim but an entire society. What happens when that crime which has allegedly happened against the society “never happened?” Shouldn’t the society stand up and ask why has a crime against them been alleged when it never happened? Shouldn’t the society ask why should someone be let free after accusing someone falsely without any punishment? In this case where it is evidently visible that the entire case was fabricated by the complainant and her family in collusion, the judge has not taken any action against the complainant but just acquitted the accused. I am not questioning the judgment or honorable judge but if a person is not even present at the time of alleged crime and it has been proven on record with solid evidence, isn’t it evident that the case is false? Hasn’t this case resulted into acquittal because it was a false case and not because the accused has been given benefit of doubt for lack of evidence? Aren’t our lawmakers answerable to everyone who has been a victim of Injustice – Man or Woman? There are questions galore but no one to answer. And for these cases, no one to protest too.

PS: I called up a lady officer who oversaw the case. She told me that the complainant is a habitual case filer and does so to extort money from people. She confessed the rising rate of false rape cases and expressed her anguish over the same.

JUDGMENT: