Judgements

Aarushi Murder Case

Keeping in view the entire facts and circumstances, I am of the view that both the accused are not menace to the orderly society this is not a fit case for inflicting death penalty under section 302 read with section 34 I.P.C. and, therefore, it appears just and proper to sentence the accused to rigoures imprisonment for life under section 302 read with section 34 I.P.C. with a fine of Rs.10,000/- each, to 5 years rigoures imprisonment with a fine of Rs.5,000/-each under section 201 read with section 34 I.P.C.

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It may not be possible to restore the dignity and honour

Rape is a dark reality in Indian society like in any other nation. This abnormal conduct is rooted in physical force as well as familiar and other power which the abuser uses to pressure his victim. Nor is abuse by known and unknown persons confined to a single political ideology or to one economic system. It transcends barriers of age, class, language, caste, community, sex and even family. The only commonality is power which triggers and feeds rape. Disbelief, denial and cover-up to “preserve the family reputation” are often then placed above the interests of the victim and her abuse- Additional Sessions Judge Nivedita Anil Sharma

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Mirchpur case

In April 2010, a dispute between the powerful and influential Jat, and marginalized Dalit communities of the village Mirchpur in Hisar (Haryana), led to setting ablaze of the house of a 70-year-old Dalit and his physically-challenged daughter, resulting in their death. This ghastly act went unpunished and neglected for long, till a Supreme Court mandate transferred the case to Delhi’s Rohini court (to maintain neutrality). Justice Lau not only made a visit to Mirchpur, but also saw to it that the fast-tracked case got her special attention. Unfortunately, initial dilly-dallying of the case had already resulted in the alleged tampering of evidence. Still, 15 persons were convicted, with three of them getting sentenced to life imprisonment. The case was a perfect recipe for trial running into decades, but thanks to Justice Lau’s perseverance, the verdict was delivered and sentencing completed, within nine months from the date the case was transferred to her court. She used previous judgments effectively to cut through the clutter of adjournments (no prizes for guessing, that it would have required immense preparation), and used video-recording of statements to hasten up the process. When one accused was let off since he himself was from the aggrieved caste (there’s a corresponding provision in law for that grace), she went on to suggest a revision in the law. It shows her intent and commitment to strengthening of laws. Surely, law stagnates if it doesn’t evolve with the changing times.

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