#gurgaon murder latest news

[tezlivenews]

गुरुग्राम का हैवान: बहू समेत 4 को गंडासे से काटा, फिर मॉर्निंग वॉक कर पौधों को पानी दिया... और वापस आकर दोबारा रेता गला

गुरुग्राम का हैवान: बहू समेत 4 को गंडासे से काटा, फिर मॉर्निंग वॉक कर पौधों को पानी दिया… और वापस आकर दोबारा रेता गला

राजेंद्र पार्क के मकान नंबर A-80 में मंगलवार रात मौत ने दो बार दस्‍तक दी। चार लोगों के सनसनीखेज हत्‍याकांड में प्रमुख आरोपी राव राय सिंह (65) ने चौंकाने वाले खुलासे किए हैं। रात करीब ढाई बजे आरोपी ने बहू सुनीता और उसके किराएदार की पत्‍नी अनामिका पर गंडासे से कई वार किए। इसके बाद चार घंटों तक दोनों तड़पती रहीं। बाद में जब सिंह ने दोनों को जिंदा पाया तो फिर उन्‍हें गंडासे से काट कर मार डाला।…

[jantatvlive-blog]

GURUGRAM मर्डर मिस्ट्री में पोस्टमोर्टम रिपोर्ट से हुए चौकाने वाले खलासे

[soniaaristo]

Gurgaon registered highest number of rape, murder cases in past 5 years

Gurgaon registered highest number of rape, murder cases in past 5 years

https://ift.tt/eA8V8J For the same period, Faridabad saw 543 rape and 337 murder cases being registered, while these figures for Sonipat were 229 and 448, respectively

Brought to you by Times of India. Further reading: https://ift.tt/2ZGbgFC

* * * * *

Business Standard, India’s leading business site for Live Markets, Live BSE & NSE quotes, latest news, breaking news, political news, analysis and…

[originalstudentvoid-world]

The Supreme Court today rejected a bail plea of a juvenile, accused of killing a seven-year-old boy in a private school in Gurgaon. from NDTV News - Latest https://ift.tt/2Nv76cR

[wionews]

What happens to the accused in Ryan murder case? A legal explainer

  Pradyuman, a 7-years old student of Ryan International School at Gurgaon, was found dead with his throat slit by a sharp-edged weapon on the morning of September 8. CCTV footage of the incident showed him crawling out of the school's washroom, his throat slit. He collapsed next to a wall in a pool of blood. The Gurgaon Police had arrested school bus conductor, Ashok Kumar, the same day.

In a very unexpected turn of event, the CBI today as taken into custody another student of the school who happened to have discovered Pradyuman's body. The accused is 16 years old and a student of class XI. 

As per the latest changes in the Juvenile Justice Act, many are apprehending that the accused may get tried as an adult.

To have a better understanding of the scenario, WION spoke to an esteemed legal expert, Mr Ashok GV.  Here is the excerpt from the interview.

Pradyuman, a class II student of Ryan International School, was found dead with his throat slit on September 8. (Zee News Network)

×

Lawyer Ashok GV:  Before I answer the query, though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child. That does not mitigate the tragedy of the murder itself. If anything a child being suspected of the murder of another child enhances the tragedy of it all. I would just want everyone to remain sensitive to this peculiar dynamic associated with this case, while we study the legality of it. 

Though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child.

  ×

WION: As CBI has taken into custody a class XI student of Ryan International School on charges of murdering a 7-years old of the same school, many are pointing out that the accused may be tried as an adult. Can a child be tried as an adult? If so, on what grounds.

Lawyer Ashok GV: Section 15 (1) of the Juvenile Justice Act stipulates that where a child is in conflict with law (“CICL” for short), is alleged to have committed a heinous offence (including murder), the Juvenile Justice Board can initiate an inquiry to determine the physical and mental capacity of the CICL to commit such a crime, the CICL’s ability to grasp the consequences of his actions and the circumstance and context to his actions. If the result of such assessment is that the CICL can be tried as an adult, the matter then goes before the adult justice system. 

Though on paper this appears to be simple and straightforward, we lack the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability. Not only must this inquiry answer the above questions, but it must satisfy the test of reasonableness and application of mind which is a well-settled principle of law under Article 14 of the Constitution. The wisdom behind this power to try a CICL as an adult is heavily debated in Child Rights circles, and I myself believe that a CICL going into the adult justice system violates the reformative system of justice that Indian Criminal Law believes in.

In the Ryan International Murder case- the critical question as to whether the evidence available justifies the suspicions of the police or not is as yet unanswered. 

Pending clarity of answers on these points, we can only speculate whether the senior student is accused of a heinous offence and if so, does he exhibit the criterion prescribed by Section 15 (1) of the Juvenile Justice Act to qualify for standing trial as an adult. 

India lacks the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability.

  ×

WION: Is there a POCSO angle to the Ryan murder case?

Lawyer Ashok GV: POCSO Act broadly defines the offences under the following categories: 1) Penetrative Sexual Assault 2) Sexual Assault (and aggravated versions of 1 and 2), 3) Sexual Harassment, 4) Using child in a pornographic film and 5) Failure to report offences from 1 to 4 above. 

In general, provisions defining crimes are interpreted in a strict manner to determine whether or not a given action qualifies as a crime. In the present case, based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance. POCSO Act does not by itself define killing a child as an offence, though if a sexual assault culminated into such a death, then it could be aggravated penetrative sexual assault or aggravated sexual assault. 

The act of murder itself is defined in Section 302 of the Indian Penal Code. 

Based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance.

  ×

WION: Indian Penal Code. 302 has been used to charge the senior student. Under the circumstance, what could be a possible defense?

Lawyer Ashok GV: In a case of the nature involved in the Ryan International Murder case, there are two legal concepts that are relevant for discussion, viz., Culpable Homicide and Murder. 

Both deal with one man killing another. But Murder is considered more serious than Culpable Homicide. In the U.S., these concepts are defined as murder in the first degree, second degree, manslaughter, etc. 

I will try and simplify this as much as I can. If one man causes the death of another with the intention of causing such death, then it is murder. For it to qualify as murder, such causing of death must be premised on the knowledge of the offender that his actions will inflict bodily injury which will lead to death. 

In other instances, the offender may not necessarily know that it may cause death. But if he knew what injury he wished to inflict, and such an injury in ordinary course will likely cause death, then also it is murder. 

In the third instance, if the man inflicted harm which is intended to inflict a bodily injury which though ordinarily may not cause death, but with reference to the victim, due to some pre-existing condition in him which the offender knew, would lead to his death, then also it is murder.

The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.

  ×

So the distinguishing factor between Culpable Homicide and Murder is determined by intention and knowledge. To illustrate this- killing a man when deprived of self-control due to a grave and sudden provocation involves intention less mala fide than murder. So when the intention is not mala fide, but motivated by the heat of the moment or driven by consent of the victim, the killing of a person would not qualify as murder and instead qualify as culpable homicide. Both are punishable offences with different punishments.

In the case of a minor accused of killing another person, establishing that the minor had the level of intent and knowledge necessary to qualify as murder would not be an easy task. In addition, the quality of investigation would have to be impeccable to ensure collection of forensic evidence in a manner that would stand the test of law. The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.

  Just another point, the investigators will also have to examine whether the eyewitness testimony supports the case against the minor and if so the credibility of the testimony as well as the character of the eyewitness itself becomes very important

  The legal interpretation of the case is of author's own.

]]>

[tezlivenews]

Crime in Gurugram: लव ट्रायंगल...होटल में धुआंधार फायरिंग, 2 घंटे में 2 हत्याओं से दहल गया गुरुग्राम

Crime in Gurugram: लव ट्रायंगल…होटल में धुआंधार फायरिंग, 2 घंटे में 2 हत्याओं से दहल गया गुरुग्राम

हाइलाइट्स दो घंटे में तीन लोगों को मारी गई थी गोली इलाज के दौरान दो ने तोड़ दिया दम पुलिस जल्द ही आरोपियों के पकड़ने का कर रही दावा योगेश कुमार, गुरुग्रामदिल्ली से सटा गुरुग्राम शुक्रवार को गोलियों की तड़तड़ाहट से गूंज उठा। गुरुग्राम में शुक्रवार को दो घंटे के अंदर दो अलग-अलग इलाकों में तीन लोगों को गोली मारी गई, जिसमें दो लोगों की मौत हो गई है। मेडिकल यूनिवर्सिटी में पढ़ने वाले छात्र को दूसरे…

[pankajkamble2929-blog]

COMMON SKIN PROBLEMS WITH THEIR SOLUTIONS

You need to know this fact! Our skin is the largest organ of our body, both to the extent weight which is around 8 pounds and surface zone. Your skin segregates inside your body's fundamental organs from outside air which joins diverse minuscule creatures.

In any case, imagine a situation where your skin itself gets impacted because a couple of reasons which you could know. By and by, this may break down when you cannot even guess about the reason for a sign which does not look extraordinary and can be perilous.

In this situation, you should not solidify and expect anything before you truly go and visit a skin specialist who will play out a thorough check and will give a response to it. You should think about all skin related issues that appallingly may happen. We have moreover recorded down the cures or responds in due order regarding such skin related issues. These cures are fundamentally home restorative strategies and the skin treatment approach which you can benefit from any assumed skin proficient who is generally called a dermatologist or a cosmetologist.

In India, there are many great skin professionals who are outstanding for their skin treatments and experiences. India has a strong therapeutic foundation and medical services offices in metro cities like Bangalore, Mumbai, Delhi. If we talk about Delhi then you can find best skin specialist in Rajouri Garden, Green Park, Noida, Gurgaon and other areas.

Skin specialist in Gurgaon has many best skin specialists in Delhi. You can find solutions for every type of skin problems.

 Presently we should talk about the regular skin issues and what you ought to do when you see any of them:

Acne:

Acne is a condition that affects the oil organs of your skin. There are little holes which are called pores on your skin that partners with the oil organs under the skin. These oil organs transmit a substance which is called sebum. Directly when the follicles of the skin organ stop up a skin split out grows up which is typically known as a pimple. This wonder is uncommonly general in people and around 60% of people are standing up to this issue.

Moisture, push, smooth sustenance, changes in hormones, significant sweating, utilization of meds, and so on are the reasons which cause acne.

No one would feel extraordinary overseeing skin break out all finished and will endeavor to complete things to discard the skin irritation. We have prescribed a couple of frameworks which will help you to diminish pimples.

• Gently rub with ice solid shapes or pounded ice

• Apply lemon juice

• Apply toothpaste

• Steam takes after by confronting tidy up

• Apply garlic glue

These frameworks will help you to decrease the pimples anyway they won't help much if your face is excessively smooth or you have genetic issues. You require not push much as we have especially incredible skin treatment available in India especially in urban groups like Mumbai, Delhi, and Bangalore. You should visit a skin specialist to get his proposal before endeavoring to do anything in solitude. If any of the home cures are not working then you can visit the best skin specialist in Rajouri Garden as they are equipped with the latest development like laser skin treatment, substance peels, Botox, skin settling, skin irritation treatment, wrinkle treatment, scar departure treatment, skin lighting up treatment.

 SUNBURN:

Sunburn happens when our skin gets introduced to unforgiving UV radiations. This happens when your skin's upper layer gets burned and starts appearing to be red, pink or once in a while even dim. This is amazingly typical and moreover easy to discard. There are different solid skin creams open accessible and other home cures.

• Protect your skin with the goal that it doesn't get presented to UV beams of direct daylight.

• Use cool materials on sunburned ranges.

• Take visit cool showers or showers.

• Apply mitigating salves that contain aloe vera.

On the off chance that the sunburned range is influenced excessively then you should visit a skin specialist to get skin treatment.

 RASHES:

A disappointed fix which appears to be red is frequently called as rashes. It can happen wherever on your skin. Rashes can be a direct result of some minor extreme touchiness or in light of climatic changes. Notwithstanding whether you are having any of these skin conditions for rashes like an excessively touchy reaction, dry skin, bothered skin; hurt ivy, or some other undetermined rash, home cures like, planning pop, aloe-vera, squeezed apple, cream, for ominously defenseless skin reactions may help you or you should visit can get it treated by a skin specialist nearby.

You should in like manner take after these methods - bathe each day with incredible chemicals, wear spotless and dry articles of clothing, change innerwear much of the time, stay dry in your groin go, keep up a vital separation from thick pieces of clothing in a warm atmosphere to avoid sweat.

PSORIASIS:

Psoriasis is unbeaten among the most befuddling skins or scalp issue. It happens when the essential cells accomplish the skin's surface and kick the can and their volume causes red plaques secured with white scales. In this condition, skin cells increment up to 10 times snappier than normal. Psoriasis regularly occurs on the knees, elbows, and scalp, and it can similarly impact the center, palms, and bottoms of the feet. You may oust this chafed rash as just a vexatious rash, in any case, it could be something more! Psoriasis is a skin issue that causes aggravation and scaling. There is fundamentally no genuine approach to check psoriasis. In any case, yes it can be cured if treated by an assumed skin ace. There are home helpful plans which can simply treat psoriasis to some extent. Only a dermatologist who is a skin professional and has a huge amount of experience can treat Psoriasis suitably that it cures with zero manifestations.

 WRINKLES:

Your skin changes and ages with your age. You will see wrinkles all over and neck. Daylight UV beams are one of the reasons for skin maturing, cigarette smoking additionally adds to wrinkles. Numerous items claim to renew skin and lessens wrinkles. You can't do much without anyone else's input to lessen the wrinkles however you can doubtlessly decrease the wrinkles that may happen in coming days and may additionally harm your skin. You need to bit by bit decrease and quit smoking, cover your skin when it is presented to daylight, applying the cream, sound eating regimen which incorporates multivitamins. To get a changeless answer for your wrinkle issue, you have to experience skin treatment by a skin authority.

 MOLES:

Moles happen when skin cells and melanocytes (cells under your skin called) create a gathering with tissues including them. Moles is particularly ordinary and as a general rule, people have in the region of 10 and 40 moles on their skin. Moles make without any other individual and you can do no to stop them. New moles make every so often generally until the age of 40. Exactly when the mole appears to be uncommonly intriguing and unpredictable then you may solidify and complete things to murder that mole. One out of every 10 people has no short of what one peculiar mole. This irregular mole can truly be melanoma which is a kind of skin danger. From this time forward we immovably recommend you visit a dermatologist if you see any unusual mole.

[werindialive]

Class 11th student arrested for killing Pradyumn, motive to postpone exams: CBI

In a shocking revelation, the CBI court arrested an 11th class student of the Ryan International School for murdering Pradyumn Thakur earlier in September. The arrest was made after 2 months and meanwhile, the police reported the school bus conductor Ashok Kumar as the culprit and kept him in demand. However, from the very first day, Pradyumn father wasn’t satisfied to consider Kumar as the murderer.

The sensational murder case made fresh headlines on Wednesday when the CBI arrested 16-year-old Class 11 student of the same school — the Ryan campus in Gurgaon's Bhondsi — as the prime suspect. According to the agency, the student wanted to defer an examination and delay the parent’s teacher meeting of the school and hence he was trying to explore many ways to do the same.

In a statement, a senior CBI inspector said, "planned the murder to simply postpone the exam, which was going on at the time, and the scheduled PTM" as he believed something big would force the authorities to shut the school".

The central crime agency has given a clean chit to Kumar who was earlier considered as the prime suspect in the case. As per the Gurgaon police, Kumar sexually assaulted Pradyumn and then murdered him. As per CBI, there was no proof found against Kumar neither there was any sign of sexual assault on Pradyumn. 

The CBI officer said the Class 11 student "lured Pradhyumn inside on the pretext of discussing something important, and within seconds, slit his throat". "Somebody was going to die that day. He came prepared that he was going to use the knife he was carrying on someone. Pradhyumn just happened to be at the wrong place at the wrong time," the officer added.

"I went blank and just did it," is what the boy reportedly told CBI sleuths during questioning.  The agency has also recovered the murder weapon from the student’s home.

For latest national news, log in to our official website.

[gossiptales-blog]

Even our Schools can't ensure our Children's Safety- Gurugram Child Murder Case

Even our Schools can’t ensure our Children’s Safety- Gurugram Child Murder Case

This awful incident happened on Friday morning at Ryan International School, Gurugram, Haryana where a Seven-year-old boy was killed by the School’s Bus Conductor inside a toilet because he refused to be Sexually Assaulted by him. The Accused is a 42 year old man named “Ashok Kumar”, who is one of the school staff members and working as a bus conductor for the school since 8 months. The accused…

[tezlivenews]

Crime in Gurugram: लव ट्रायंगल...होटल में धुआंधार फायरिंग, 2 घंटे में 2 हत्याओं से दहल गया गुरुग्राम

Crime in Gurugram: लव ट्रायंगल…होटल में धुआंधार फायरिंग, 2 घंटे में 2 हत्याओं से दहल गया गुरुग्राम

हाइलाइट्स दो घंटे में तीन लोगों को मारी गई थी गोली इलाज के दौरान दो ने तोड़ दिया दम पुलिस जल्द ही आरोपियों के पकड़ने का कर रही दावा योगेश कुमार, गुरुग्रामदिल्ली से सटा गुरुग्राम शुक्रवार को गोलियों की तड़तड़ाहट से गूंज उठा। गुरुग्राम में शुक्रवार को दो घंटे के अंदर दो अलग-अलग इलाकों में तीन लोगों को गोली मारी गई, जिसमें दो लोगों की मौत हो गई है। मेडिकल यूनिवर्सिटी में पढ़ने वाले छात्र को दूसरे…

[tezlivenews]

यह गुरुग्राम का हैवान जा रहा है...बहू समेत 4 की हत्या के बाद गंडासे के साथ पुलिस स्टेशन सरेंडर करने पहुंचा

यह गुरुग्राम का हैवान जा रहा है…बहू समेत 4 की हत्या के बाद गंडासे के साथ पुलिस स्टेशन सरेंडर करने पहुंचा

गुरुग्रामसुबह-सुबह का वक्त। गुरुग्राम का राजेंद्र नगर इलाका। गली की सुनसान सड़क। एक 65 साल का शख्स हाथ में धारदार हथियार लिए इत्मिनान से जा रहा है। उसे देख किसी को अंदाजा तक नहीं हो पाएगा कि इस शख्स ने बीती रात बहू समेत 4 लोगों को मौत के घाट उतार चुका है। सीसीटीवी फुटेज में दिख रहा यह शख्स गुरुग्राम का हैवान राव राय साहब है। वीडियो तब का है जब वह रात में दिल दहला देने वाली वारदात को अंजाम देकर…

[soniaaristo]

Gurgaon registered highest number of rape, murder cases in past 5 years

Gurgaon registered highest number of rape, murder cases in past 5 years

https://ift.tt/eA8V8J For the same period, Faridabad saw 543 rape and 337 murder cases being registered, while these figures for Sonipat were 229 and 448, respectively

Brought to you by Times of India. Further reading: https://ift.tt/2ZGbgFC

* * * * *

Business Standard, India’s leading business site for Live Markets, Live BSE & NSE quotes, latest news, breaking news, political news, analysis and…

[wionews]

WION Morning news brief, November 10 2017: 5 stories

Ryan student murder: Gurgaon Police planted knife on conductor, says report

In a sensational twist in the killing of the class II student of Ryan International School, Pradyuman Thakur, the CBI has claimed that the Gurgaon Police framed the school bus conductor and planted a knife on him, declaring the case as solved within hours. Sources told the TOI that the police resorted to framing the bus conductor, Ashok Kumar, since it was under tremendous pressure to solve the case. The Times of India reported that the CBI had established in its two-month-long investigation that the knife belonged to the main accused in the case, a 16-year-old Class XI student of the same school. A CBI officer told TOI that the knife was purchased by the juvenile from a local shop, brought inside the school and was the only knife which was recovered. He added that the accused student on Thursday guided the investigating agency to the shop from where he had purchased the knife.

Actor Steven Seagal, comedian Louis CK accused of sexual misconduct

US action movie actor Steven Seagal and comedian Louis CK were the latest stars in the crosshairs of mounting sexual misconduct allegations on Thursday, following the downfall of Harvey Weinstein and Kevin Spacey. Portia de Rossi, the "Arrested Development" actress and wife of chat queen Ellen DeGeneres, accused the former martial arts expert and blues musician over an undated audition for a Seagal movie in his office. "He told me how important it was to have chemistry off-screen as he sat me down and unzipped his leather pants," the Australian-born actress tweeted late Wednesday.

Odd-even to be in place from Nov 13-17 with same exemptions: Delhi Transport minister

Delhi Transport minister Kailash Gehlot announced that the odd-even number scheme for private vehicles will be implemented from November 13-17 in the national capital. "Request people and all agencies to cooperate. Exemptions will be the same as last time," the minister said.

Trump praises China's 'highly respected' Xi

US President Donald Trump praised Chinese leader Xi Jinping as a "highly respected and powerful representative of his people" on Friday as he wrapped up his first state visit to Beijing.Trump showered his host with accolades during two days of meetings during which the US leader sought to convince Xi to do more to reduce a trade deficit with China and rein in nuclear-armed North Korea.  

After winning defamation case, Chris Gayle says he's willing to sell his side of story for $300,000

After winning his court case against Australia's Fairfax Media group, Chris Gayle has said he is willing to sell his side of the story -- for a starting price of $300,000. The cricketer had accused the media group, publishers of the Sydney Morning Herald and The Age, of defamation after it published a series of stories alleging the cricketer had exposed himself to a massage therapist and had indecently propositioned her. 

  ]]>

[wionews]

What happens to the accused in Ryan murder case? A legal explainer

  Pradyuman, a 7-years old student of Ryan International School at Gurgaon, was found dead with his throat slit by a sharp-edged weapon on the morning of September 8. CCTV footage of the incident showed him crawling out of the school's washroom, his throat slit. He collapsed next to a wall in a pool of blood. The Gurgaon Police had arrested school bus conductor, Ashok Kumar, the same day.

In a very unexpected turn of event, the CBI today as taken into custody another student of the school who happened to have discovered Pradyuman's body. The accused is 16 years old and a student of class XI. 

As per the latest changes in the Juvenile Justice Act, many are apprehending that the accused may get tried as an adult.

To have a better understanding of the scenario, WION spoke to an esteemed legal expert, Mr Ashok GV.  Here is the excerpt from the interview.

Pradyuman, a class II student of Ryan International School, was found dead with his throat slit on September 8. (Zee News Network)

×

Lawyer Ashok GV:  Before I answer the query, though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child. That does not mitigate the tragedy of the murder itself. If anything a child being suspected of the murder of another child enhances the tragedy of it all. I would just want everyone to remain sensitive to this peculiar dynamic associated with this case, while we study the legality of it. 

Though public sentiment may turn against the student who is in the care of the police in the Ryan International murder case, it is important to note that he is still a minor and, therefore, a child.

  ×

WION: As CBI has taken into custody a class XI student of Ryan International School on charges of murdering a 7-years old of the same school, many are pointing out that the accused may be tried as an adult. Can a child be tried as an adult? If so, on what grounds.

Lawyer Ashok GV: Section 15 (1) of the Juvenile Justice Act stipulates that where a child is in conflict with law (“CICL” for short), is alleged to have committed a heinous offence (including murder), the Juvenile Justice Board can initiate an inquiry to determine the physical and mental capacity of the CICL to commit such a crime, the CICL’s ability to grasp the consequences of his actions and the circumstance and context to his actions. If the result of such assessment is that the CICL can be tried as an adult, the matter then goes before the adult justice system. 

Though on paper this appears to be simple and straightforward, we lack the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability. Not only must this inquiry answer the above questions, but it must satisfy the test of reasonableness and application of mind which is a well-settled principle of law under Article 14 of the Constitution. The wisdom behind this power to try a CICL as an adult is heavily debated in Child Rights circles, and I myself believe that a CICL going into the adult justice system violates the reformative system of justice that Indian Criminal Law believes in.

In the Ryan International Murder case- the critical question as to whether the evidence available justifies the suspicions of the police or not is as yet unanswered. 

Pending clarity of answers on these points, we can only speculate whether the senior student is accused of a heinous offence and if so, does he exhibit the criterion prescribed by Section 15 (1) of the Juvenile Justice Act to qualify for standing trial as an adult. 

India lacks the infrastructure and the human resources to mitigate bias and ensure a nuanced inquiry into the CICL’s actions to determine culpability.

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WION: Is there a POCSO angle to the Ryan murder case?

Lawyer Ashok GV: POCSO Act broadly defines the offences under the following categories: 1) Penetrative Sexual Assault 2) Sexual Assault (and aggravated versions of 1 and 2), 3) Sexual Harassment, 4) Using child in a pornographic film and 5) Failure to report offences from 1 to 4 above. 

In general, provisions defining crimes are interpreted in a strict manner to determine whether or not a given action qualifies as a crime. In the present case, based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance. POCSO Act does not by itself define killing a child as an offence, though if a sexual assault culminated into such a death, then it could be aggravated penetrative sexual assault or aggravated sexual assault. 

The act of murder itself is defined in Section 302 of the Indian Penal Code. 

Based on the autopsy of the victim and the assessment of the crime scene, the investigators have to determine whether or not any of the definitions under the POCSO Act are attracted in this instance.

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WION: Indian Penal Code. 302 has been used to charge the senior student. Under the circumstance, what could be a possible defense?

Lawyer Ashok GV: In a case of the nature involved in the Ryan International Murder case, there are two legal concepts that are relevant for discussion, viz., Culpable Homicide and Murder. 

Both deal with one man killing another. But Murder is considered more serious than Culpable Homicide. In the U.S., these concepts are defined as murder in the first degree, second degree, manslaughter, etc. 

I will try and simplify this as much as I can. If one man causes the death of another with the intention of causing such death, then it is murder. For it to qualify as murder, such causing of death must be premised on the knowledge of the offender that his actions will inflict bodily injury which will lead to death. 

In other instances, the offender may not necessarily know that it may cause death. But if he knew what injury he wished to inflict, and such an injury in ordinary course will likely cause death, then also it is murder. 

In the third instance, if the man inflicted harm which is intended to inflict a bodily injury which though ordinarily may not cause death, but with reference to the victim, due to some pre-existing condition in him which the offender knew, would lead to his death, then also it is murder.

The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.

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So the distinguishing factor between Culpable Homicide and Murder is determined by intention and knowledge. To illustrate this- killing a man when deprived of self-control due to a grave and sudden provocation involves intention less mala fide than murder. So when the intention is not mala fide, but motivated by the heat of the moment or driven by consent of the victim, the killing of a person would not qualify as murder and instead qualify as culpable homicide. Both are punishable offences with different punishments.

In the case of a minor accused of killing another person, establishing that the minor had the level of intent and knowledge necessary to qualify as murder would not be an easy task. In addition, the quality of investigation would have to be impeccable to ensure collection of forensic evidence in a manner that would stand the test of law. The minor could not only argue that the prosecution does not have the evidence necessary to establish proof of guilt beyond reasonable doubt, but could further argue that he or she did not have the level of intent and knowledge necessary to qualify as murder.

  Just another point, the investigators will also have to examine whether the eyewitness testimony supports the case against the minor and if so the credibility of the testimony as well as the character of the eyewitness itself becomes very important

  The legal interpretation of the case if of author's own.

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[wionews]

Ryan International student murder: Principal suspended, CBSE gives two-day deadline

Amid protests by agitated parents, the principal of Gurugram's Ryan International School has been suspended after the alleged murder of a seven-year-old boy within the school premises on Friday.

The Central Board of Secondary Education (CBSE) has formed a two-member fact-finding committee - consisting of a school principal and a deputy commissioner - to probe the killing and sought a report from the school management within two days. The two-member panel has been asked to submit their report latest by October 16.

The panel will probe whether the death occurred due to negligence on the part of the school authorities and if the school had adopted all safety measures as per CBSE affiliation bye-laws. Its report will also dwell on whether the authorities reported the incident to police and the district education officer, besides the circumstances leading to the death of the student.

"A two-member fact finding committee has been set up to enquire into the tragic murder of the student in the school premises. The school has also been asked to submit a report within two days along with the copy of the FIR," a senior board official said.

The victim's mother said the Principal was "indifferent" when she came to hospital."  "Put her in jail. I want to know what happened to my child, I want CBI (probe)," the mother of the victim said.

Hundreds of agitated parents have been protesting outside the school since yesterday morning. They also demanded that the school management be booked for the killing of the boy.

Haryana chief minister ML Khattar condemned the heinous crime said the government had directed authorities to complete "formalities" within seven days and was ready for any kind of probe if the facts were not clear once the report came out.

Sad incident & heinous crime. Administration has nabbed suspect; directed authorities to complete formalities within 7 days: Haryana CM http://pic.twitter.com/EifC53COd6

— ANI (@ANI) September 9, 2017

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  The bus conductor accused in the murder was sent to three-day police remand by the Gurugram court earlier in the day. He has confessed to the killing and was arrested by the police yesterday.

Gurgaon Commissioner of Police Navdeep Singh Virk assured that the police will try and file a charge sheet within seven days and request for a fast trial of the case.

He confirmed that the bus conductor's involvement in the case and said action would be taken if anyone else was found to be involved.

On the bus conductor being made a scapegoat, the police commissioner said he was confident the police would be able to satisfy everyone after concluding the investigation.

"Principal Neerja Batra has been suspended. We took action against the security agency of the school. A special committee is probing the case," Gurgaon Deputy Commissioner of Police Simardeep Singh said.

The top police officer from Haryana had earlier said that the bus conductor killed the boy when he tried to resist the accused's attempt to sexually assault him.

He said today a special committee had been formed to probe the alleged murder of the class II student who was found  with his throat slit inside the toilet of the school on Friday.

He further added that the police have taken action against the security agency of the school.

"We talked to the boy's father and other relatives. We have told them everything, what the culprit has admitted, what all evidence we have got. They are satisfied with the investigation. They demanded that action should be taken against the authorities of the school. The principal has been suspended. The security agency has also been changed and enquiry has been made against it. It has been given in written for a new security agency," he said.

"We have formed a new committee headed by DEO (District Education Officer) to probe the matter. The record will be checked. Preliminary investigation has been done," he added.

The lawyer representing the victim said action against the school management was imminent.

"Action against school management is sure. The principal of the school has been suspended," the lawyer told the press earlier.

Hours after the incident, the Gurugram Police confirmed that the accused bus conductor tried to sexually assault the child before killing him.

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