Bombay High Court upholds life imprisonment awarded to youth for killing prostitute

The Bombay High Court has upheld the life sentence awarded by the Sessions Court to a 21-year-old youth for stabbing to death a prostitute, who refused to marry him, in the year 2009.

Bombay High Court

A Division Bench of the Bombay High Court comprising of Justices VK Tahilramani and Anil Menon recently dismissed an appeal filed by the convict, Anant alias Rakesh Ratan Let, against the judgment of the Sessions Court order convicting him for the murder of a prostitute by name Zarina, and sentencing him to life imprisonment on that count. The Sessions Court had also sentenced him to one year’s imprisonment for causing injuries to one Reshma, also engaged in prostitution. The Sessions Court had directed that the sentences were to run concurrently. 

While dismissing his appeal, the Bombay High Court observed: "We are of the opinion that there is sufficient evidence to prove beyond reasonable doubt that the appellant committed murder of Zarina by assaulting her with a knife and in the course of the incident, injuries were also inflicted on Reshma, also engaged in prostitution, who tried to save the victim."

The finding of the Sessions Court on the charge of causing injuries to Reshma by the convict was also upheld by the Bombay High Court. 

"Finding of the blood group of the deceased (Zarina) on the clothes of the appellant (shirt, pant and underwear) is a strong incriminating factor against the appellant," the Bench said. 

Besides, the accused was found to have sustained a deep cut injury on his left thumb. "This is sufficient to prove that he had been involved in the attack on Zarina and Reshma," said the Court.

Reshma and her neighbour had identified Anant as the person who had stabbed Zarina. Reshma had seen him attacking Zarina after the latter shouted for help while the other witness, who stayed in the neighbourhood, had heard Zarina's cries for help, the Bench noted.

The assailant was overpowered by people after Reshma grappled with him at a residence in Grant Road where they were engaged in prostitution.

KARNATAKA HIGH COURT CONSTITUTES SPECIAL BENCH TO HEAR APPEALS OF FORMER TN CM Ms. J. JAYALALITHAA AND 3 OTHERS IN THE DISPROPORTIONATE ASSETS CASE; HEARING TO COMMENCE ON FRIDAY

The Karnataka High Court has issued a notification, its first of the year 2015, announcing that Justice C R Kumaraswamy would hear the appeals of former Tamil Nadu Chief Minister and AIADMK Supremo, Ms. J Jayalalithaa and three other accused in a disproportionate assets case "on a day-to-day basis." 

Former Tamil Nadu CM, Ms. J. Jayalalithaa

The notification signed by the Registrar (Judicial) of the Karnataka High Court said that the judge was being named to constitute a special bench in accordance with the orders of the Supreme Court. 

On October 17, the apex court asked the Karnataka high court to constitute a special bench to hear the appeals of Jayalalithaa and others against their conviction in the Rs 66.65 crore disproportionate assets case by a special court in Bengaluru on September 27. 

The cases have been listed for hearing on Friday, and will come up before Justice H Billiappa on Friday, as Justice Kumaraswamy is on leave.

Collegium system becomes history as the National Judicial Appointments Commission Bill receives the assent of the President of India

The National Judicial Appointments Commission (NJAC) Bill passed by Parliament in August this year that seeks to do away with the collegium system of appointing judges to higher judiciary has received the assent of the President. Being a Bill in the nature of a constitutional amendment, it required ratification by at least 50% of the state legislatures, which requirement was also satisfied with 16 of the 29 states ratifying the Bill. 

Rashtrapati Bhavan, New Delhi

The new law facilitates the setting up of a commission for appointment of judges, replacing the 20-year-old collegium system, which had been under severe criticism for its lack of transparency in the matter of processing of names for appointment as judges to the higher judiciary. 

With the assent of the President, all decks have been cleared for the setting up of the NJAC, which will appoint and transfer judges to the Supreme Courts and the 24 High Courts. The124th amendment to the Constitution grants Constitutional status to the NJAC and its composition which will be headed by the Chief Justice of India.

Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the body. 

Though the assent of the President has been obtained the new law, that is, the National Judicial Appointments Commission Act, 2014 will not come into effect at once. Going by Section 1(2) of the Act, the National Judicial Appointments Commission Act, 2014 will now come into force on such date as the Central Government may notify in the Official Gazette. Therefore the nation may have to wait a while before the days of the collegium system, well and truly, come to an end. 

The full text of the  National Judicial Appointments Commission Bill, 2014 as passed by both the Houses of Parliament can be accessed here

Sohrabuddin Sheikh fake encounter case: CBI Special court drops charges against BJP President and former Gujarat Home Minister Amit Shah

In a major relief to Bharatiya Janata Party president Amit Shah, a special CBI court in Mumbai on Tuesday accepted his plea for discharge in the Sohrabuddin Sheikh fake encounter case thereby dropping all charges alleged by the CBI against him. 

“I am of the opinion that the inference drawn by CBI is not accepted in totality and he (Shah) cannot be charged as an accused," special CBI judge MB Gosavi said in a brief order pronounced in the court.

Amit Shah. (Picture Courtesy: The Hindu)

The case was transferred from Gujarat to Mumbai earlier this year.

In September 2013, the CBI had charge-sheeted Shah, the former home minister of Gujarat, and 18 others, including several police officers. Shah was charged with criminal conspiracy, destruction of evidence and offences under the Arms Act.

Sohrabuddin was allegedly abducted by Gujarat's anti-terrorism squad and killed in an encounter with the police on November 26, 2005, in Ahmedabad. His wife Kausar Bi was allegedly murdered three days later, and her body disposed of.

Following this, Sohrabuddin's brother, Rubabuddin, had filed a complaint that his brother was killed in a fake encounter.

The Gujarat police had claimed Sohrabuddin had links with Pakistan-based terror outfit Lashkar-e-Taiba and planned to assassinate important political leaders.

Tulsiram Prajapati was killed by the police at Chapri village in Banaskantha district of Gujarat in December 28, 2006. 

The CBI alleged that Shah, who was Gujarat's home minister at the time, was involved in both killings as the police reported to him.

Shah stepped down as home minister in 2010 after he was arrested in the case. He got bail three months later.

The defence had stated that Indian National Congress (INC) had used the CBI as a tool to implicate Shah in the case.

Senior counsel Mihir Desai, who had appeared for complainant Rubabuddin, had argued in court that Shah was in frequent touch with police officers S Rajkumar Pandyan and DG Vanzara, who are in jail in connection with the case, and that he also tried to influence the investigation into the killings.

Looking at the statements recorded in the charge sheet the minimum that can be deciphered is that Shah was either trying to destroy evidence or fabricate it, and hence the discharge plea should be rejected, said Desai. 

But Shah's lawyer had contested that call records of Shah and some police officials between November 2005 and December 2006 have been brought on record, but calls made by Shah before and after the period were not.

Even the content of the talk was not produced, Shah's lawyer had contested. 

Copy of the order pronounced by the CBI Special Court is awaited.