#Madhya Pradesh Rape

[vocaltv]

दो दिनों तक चलते ट्रक में नाबालिग छात्रा से बार-बार करता रहा रेप

    यह घटना मध्यप्रदेश के ग्वालियर की कछुआ थाना क्षेत्र की है जहां पर एक अंजली नाम की लड़की है जिसकी उम्र 14 साल की है पढ़ाई लिखाई कर अपना समय अच्छे से गुजार रही होती है. उसके मां-बाप उसकी अच्छी तरह से परवरिश कर रहे होते हैं. दोस्तों अब उसके बाद यहां क्या होता है की अंजलि पढ़ने के लिए जाती है तो उसने अपने मां-बाप से फोन पहले से ही लेकर रखा था कहती है कि मुझे पढ़ाई लिखाई करने के लिए फोन चाहिए तो…

[mayakimayahai]

One of the best constitutions in the world! Taking rights away from women like it's nothing

[rightnewshindi]

नाबालिग लड़की के साथ कार में किया गैंगरेप, दो दिन से थी लापता; एक आरोपी गिरफ्तार, दो की तलाश जारी

Madhya Pradesh News: उज्जैन में गैंगर���प का मामला सामने आया है. यहां के चिमनगंज थाना क्षेत्र में एक नाबालिग लड़की के साथ कार में गैंगरेप की घटना को अंजाम दिया गया. आरोपियों में दो सगे भाई और उनका एक दोस्त शामिल है. पीड़ित लड़की शुकवार से गायब थी, जिसको लेकर परिजनों ने थाने में गुमशुदगी की रिपोर्ट दर्ज कराई. दो दिन बाद वह घर पहुंची और उसने वारदात के बारे में बताया. पुलिस ने गैंगरेप की धारा बढ़ाते…

[oyspa]

मध्य प्रदेश: रेप के मामले में मिली मौत की सज़ा अब 11 साल बाद अदालत ने बताया बेकसूर

यह कहानी 11 साल पहले शुरू होती है. मध्य प्रदेश में नौ साल की लड़की के बलात्कार और हत्या के जुर्म में 21 साल के एक नौजवान को मौत की सज़ा मिलती है. घटना और सज़ा के बीच महज़ एक महीने का फ़ासला होता है. यही नहीं, इसके बाद, दो और अदालतें भी उसे मौत की सज़ा देती हैं. Madhya Pradesh Death penalty given in rape case, now after 11 years the court declares him innocent लेकिन, इस कहानी में इस साल मार्च…

[odnewsin]

Minor girl gang-raped in Janani Express Ambulance, two arrested

Bhopal: In a shocking incident, a 16-year-old girl was allegedly kidnapped and gang-raped by two men in a moving ambulance in Madhya Pradesh’s Mauganj district. According to police, the incident occurred November 25 under the jurisdiction of Hanumana police station, around 30 km from district headquarters Mauganj. Hanumana tehsil of the newly established Mauganj district shares a boundary with…

[amitshridhar]

AIB : Rape - It's Your Fault

All India Bakchod @allindiabakchod

27/10/2024, sunday 27 october 2024, 07:56 p.m, indore, madhya pradesh, india.

[thehansindiaseo]

Trainee Army Officers Robbed, Woman Assaulted in Madhya Pradesh

Trainee army officers were robbed, and their woman friend gang-raped in Madhya Pradesh. Police are investigating and ensuring swift action against the attackers.

[nathanmonjko]

Kolkata rape-murder case: Madhya Pradesh HC asks doctors to call off strike, resume work

... their ongoing indefinite strike at Gandhi medical College in Bhopal on Saturday, against brutal murder and raped of a doctor in Kolkata. | Photo ...

[legalhub16]

CODE OF CRIMINAL PROCEDURE

COGNIZABLE AND NON-COGNIZABLE OFFENCES

Introduction An offence, as defined by the Collins dictionary, refers to a criminal act that violates a specific law and necessitates a specific penalty. It is common knowledge that in order to penalise a wrongdoer, they must first be apprehended and subsequently interrogated by law enforcement. In this manner, a methodical and sequential process is adhered to until the case is brought before a court of law. Nevertheless, not all offences are equal and they necessitate distinct approaches. The Indian Penal Code, 1860 (IPC) serves as the authoritative criminal code of India. It encompasses all the essential elements of criminal law. All the actions that constitute criminal behaviour are explicitly outlined within it. Offences can be categorised into three groups based on their nature and severity. There are three types of offences: bailable and non-bailable offences, cognizable and non-cognizable offences, and compoundable and non-compoundable offences.

I. Cognizable Offence

According to the gravity of the crime, the penalty varies for each offence. A cognizable offence is one that carries a minimum sentence of three years in jail or more. In accordance with Section 2(c) of the Criminal Procedure Code, 1973 (CrPC), any crime having a death penalty, life sentence, or sentence of more than three years in jail is to be considered cognizable. For crimes that are easily identifiable, the authorities do not need a warrant to apprehend the suspect. Even without a court order, the police can launch an investigation. Arrested and brought before the court at the appointed hour, the accused is formally charged. When a cognizable offence occurs, a police officer must file a First Information Report (FIR) in accordance with Section 154 of the Criminal Procedure Code. Some instances of cognizable offences include murder, rape, theft, kidnapping, and dowry death. You can post bail for these charges or you can't.

II. Non-Cognizable Offence

Less serious offences are regarded as non-cognizable. " Non-cognizable offences are defined by Section 2(l) of the CrPC as those in which the police are not permitted to make an arrest without a warrant. Bailable, these are listed in the Indian Penal Code's first schedule. The accused cannot be arrested in these crimes without an arrest warrant, and the court must give its approval before the police may begin an inquiry. Noticable offences include assault, cheating, forgery, defamation, public annoyance, and so on. A policeman is required under Section 155 of the CrPC to record the case in the station diary and send the informant to the magistrate if he learns of a non-cognizable offence. Only once the magistrate gives his or her approval can the police begin looking into the case. A trial follows filing of a charge sheet with the court following the conclusion of its investigation. Should a case be proven, the court subsequently issues a final arrest order.

III. Legal Cases that shape the understanding of Cognizable and Non-Cognizable Offences

XYZ vs. State of Madhya Pradesh SLP (Crl) No. 1674 of 2022.

In this instance, a female employee endeavoured to report instances of harassment perpetrated by the Vice-Chancellor of the institution where she was employed, but her request was rejected by the police. Although a complaint was lodged with the Superintendent of Police, no subsequent action was taken. Therefore, she chose to lodge a complaint with the Judicial Magistrate First Class. Upon receiving the allegation, the magistrate instructed the police to initiate an inquiry. Nevertheless, the procedures were postponed as a result of the Covid-19 pandemic. At the beginning of the legal procedures, the Magistrate granted permission to the complainant to question the witnesses, who were then interrogated by the appellant. The High Court dismissed his application on the basis that it was not obligatory for the Magistrate to mandate an investigation.

The main concern was whether the Judicial Magistrate First Class is required to direct an inquiry under Section 156 of the CrPC. The Supreme Court has established that the magistrate is legally required to order an investigation only if there is clear and sufficient evidence of a recognisable offence. The optional utilisation of the term 'may' in the section suggests that initiating an investigation is not obligatory but dependent on the nature of the offence. The Supreme Court upheld the High Court's ruling that a magistrate is not required to mandate an investigation.

State of Jammu & Kashmir vs. Dr. Saleem Ur Rehman

Citing a lack of previous magistrate approval for an investigation into non-cognizable offences, the High Court in this instance quashed FIRs filed under the J&K Prevention of Corruption Act and the Ranbir Penal Code, 1989. The question of whether investigating non-cognizable offences requires magistrate sanction was taken up by the Supreme Court. The High Court erred, the Supreme Court said, in deciding that magistrate approval was required to look into non-cognizable offences. It made clear that investigating crimes both cognizable and non-cognizable does not need getting such permission from the magistrate.

IV. Concluding Remarks

Summarising the broad study of cognizable and non-cognizable offences shows that these classifications shape the legal landscape. The research has highlighted the need for magistrate intervention in non-cognizable cases and rapid police response in cognizable situations. The analysis showed the impact on bail processes, judicial interpretations, and investigative power abuse. Understanding and refining cognizable and non-cognizable classification is crucial in modern legal systems. These classifications underpin police activities, investigations, and judicial proceedings. For a fair, efficient, and accountable criminal justice system, their importance must be recognised. Reforms and study on cognizable and non-cognizable offences are needed as legal systems advance. This involves improving investigative powers, correcting procedural issues, and protecting individual rights. Technological developments, transparency, and comparative lessons from other jurisdictions can strengthen and adapt the legal system. Legal scholars, practitioners, and policymakers are encouraged to work together to create a justice system that reflects modern principles and reality.

[mayakimayahai]

[rightnewshindi]

16 साल की लड़की को एंबुलेंस ने अगवा कर दो लोगों ने किया गैंगरेप, पुलिस ने आरोपियों की किया गिरफ्तार

Madhya Pradesh News: मध्य प्रदेश के मऊगंज जिले में एक चौंकाने वाली घटना हुई है। एक 16 वर्षीय लड़की को अगवा कर लिया गया और चलती एंबुलेंस में दो लोगों ने उसके साथ गैंग रेप किया। पुलिस ने बताया कि यह घटना 25 नवंबर को जिला मुख्यालय मऊगंज से लगभग 30 किलोमीटर दूर हनुमाना पुलिस थाने क्षेत्र में हुई। नवगठित मऊगंज जिले की हनुमाना ��हसील उत्तर प्रदेश के मिर्जापुर जिले की सीमा से सटी हुई है। पीड़ित लड़की ने…

[nando161mando]

Another reminder that in the Republic of India, touted to be the world's largest democracy, raping your wife is not a legal offence as long as she is... above 15 years old.

[cbs-news24x7]

Hailed as hero for helping rape victim last year, ashram teacher booked for sexual abuse of minor boys in Madhya Pradesh

In September 2023, CCTV footage emerged of the minor girl, bleeding and partially clothed, after she was raped by an autorickshaw driver. The footage showed no one coming to her aid even as she walked around the area for an hour, with one resident even shooing her away.

In September last year, a teacher at an Ujjain ashram “came to the aid” of a minor rape victim who was going door to door seeking help. He has now been arrested along with a caretaker for allegedly sexually abusing at least three minor boys at their ashram.

Police registered three FIRs under relevant provisions of the IPC as well as under multiple sections of the POCSO Act against the 21-year-old teacher, Rahul Sharma, and ashram caretaker Ajay Thakur. Both have been sent to judicial custody, police said, adding that there are many more victims who haven’t filed a complaint yet.

Ujjain SP Pradeep Sharma told The Indian Express: “So far three children have come forward and made the allegations. We have arrested two persons in this case.”

In September 2023, CCTV footage emerged of the minor girl, bleeding and partially clothed, after she was raped by an autorickshaw driver. The footage showed no one coming to her aid even as she walked around the area for an hour, with one resident even shooing her away.

Sharma had said he helped the girl after he spotted her outside the ashram. At the time, he had told The Indian Express: “This is a holy town, people here are supposed to be helpful, but no one helped her… there was no humanity.”

The police have ruled out any connection with the Ujjain rape case for now. “We sent through 200 CCTV videos and his role has so far been ruled out,” said a senior police officer. According to police, children from poor families were sent to be trained as pandits in this ashram, affiliated to the state Sanskrit board.

Around 10 days ago, a minor boy who was allegedly sexually assaulted by Thakur complained to his mother when he returned home. “The parents of the child came to the ashram. Then the ashram worker Thakur was sacked. Later, many more parents visited the ashram and levelled allegations,” said a senior officer.

The ashram authorities contacted police after several parents made allegations against Sharma and had a confrontation with the ashram official. An ashram official, Gajanand, said: “We called the police to help us but they arrested our staff. The allegations are false.”

However, the officer said: “When we arrived, we found that the ashram officials were the suspects. There are many more victims in this case and we tried to convince them to file a case. Policemen dressed in civil clothes also tried speaking to the children, but they refused as they were scared,” the officer said.

[blogynewz]

"Shocking Allegations Unveiled: Delhi Commission For Women Chief Appeals to Madhya Pradesh CM for Urgent Action on Ujjain Rape Case"

Indore, Madhya Pradesh: The Chairperson of the Delhi Commission for Women (DCW), Swati Maliwal, has written a letter to Madhya Pradesh Chief Minister Shivraj Singh Chouhan regarding a disturbing incident of rape involving a 12-year-old girl and a 24-year-old auto driver in Ujjain, Madhya Pradesh. According to a press release from the DCW on Wednesday, Maliwal requested immediate access to…