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वारदात के दौरान नाबालिग समेत सभी छह अभियुक्तों के अपराध के बारे में चार्जशीट में तफसील से लिखा गया है। गिरोह के तीन मेंबर यात्री बनकर बैठे थे। पुलिस जांच के मुताबिक , लड़की और उसके दोस्त ने इस गिरोह का जमकर मुकाबला किया था। लड़की के दोस्त के सिर पर आयरन रॉड का वार करने के बाद नाबालिग लड़का और अक्षय लड़की को उठाकर बस में पीछे ले गए थे। वारदात के दौरान लड़की की बुरी तरह पिटाई की गई थी। राम सिंह ने लड़की पर अमानवीय अत्याचार किया था। उसने शरीर में हाथ डालकर आंत बाहर निकाली थी। लड़की बेहोश हो जाने और लहूलुहान हालत होने के बावजूद दो दरिंदों ने उससे कुकर्म {RAPE} भी किया था।
गुड़गांव टोल प्लाजा के दो अधिकारी भी गवाह बने हैं। सबसे पहले उन दोनों ने सड़क किनारे लड़की और लड़की को देखकर उन्हें चादर से ढका था। नोएडा में राम सिंह ने बस में खून धोया था। उसके गवाह भी पुलिस को मिले हैं। लड़की के कपड़े जलाने की जगह और बस से सबूत उठाने वाले फरेंसिक एक्सपर्ट भी केस में गवाह हैं। सबसे अहम गवाही लड़की के दोस्त की है , जो वारदात का चश्मदीद है।
नाबालिग लड़के के स्कूल की मार्कशीट बदायूं में उसके गांव से पुलिस को मिली थी। इस वजह से उसका बोन टेस्ट नहीं कराया गया। पुलिस उसकी मार्कशीट की जांच करने उसके गांव गई है। उसका केस जुवेनाइल जस्टिस बोर्ड में चलेगा। अगर पुलिस उसे बालिग साबित नहीं कर पाई तो वह पांच महीने बाद आजाद हो जाएगा।
read her first words of the victim..( how can i tell u they hungry wolf are evil they damaged her intestine,her eye and ....... how can he do this to her ..( bloody dash dash )
India Bus Gang Rape: Outrage Spreads Over Public Sexual Assault
Her intestines are gone. She cannot speak as there is a tube in her
mouth. When she was brought to the hospital ,horrified doctors were
unsure if she would live another day. But the 23-year old paramedical student is not giving up.
"Have they been caught" the victim wanted to know on Thursday.
four days after the assault , the girl is fighting on in the ICU of
Safdarjung Hospital.On a paper she wrote "They should be punished"
"Ghar pe sab kaise hain ?ATM card block kar diya ?Rishtedaron ko pata
toh nahin ki mere saath kya hua hai? " she wrote out to her brother.
.
NEW DELHI -- The hours-long gang-rape and near-fatal beating
of a 23-year-old student on a bus in New Delhi triggered outrage and
anger across the country Wednesday as Indians demanded action from
authorities who have long ignored persistent violence and harassment
against women.
In the streets and in Parliament, calls rose for stringent and swift
punishment against those attacking women, including a proposal to make
rapists eligible for the death penalty. As the calls for action grew
louder, two more gang-rapes were reported, including one in which the
10-year-old victim was killed.
"I feel it is sick what is happening across the country. .
It is totally sick, and it needs to stop," said Smitha, a 32-year-old
protester who goes by only one name.
Thousands of demonstrators clogged the streets in front of New
Delhi's police headquarters, protested near Parliament and rallied
outside a major university. Angry university students set up roadblocks
across the city, causing massive traffic jams.
Hundreds rallied outside the home of the city's top elected official
before police dispersed them with water cannons, a move that earned
further condemnation from opposition leaders, who accused the government
of being insensitive.
"We want to jolt people awake from the cozy comfort of their cars. We
want people to feel the pain of what women go through every day," said
Aditi Roy, a Delhi University student.
As protests raged in cities across India, at least two girls were gang-raped, with one of them killed.
Police on Wednesday fished out the body of a 10-year old girl from a
canal in Bihar state's Saharsa district. Police superintendent Ajit
Kumar Satyarthi said the girl had been gang-raped and killed and her
body dumped in the canal. Police were investigating and a breakthrough
was expected soon, Satyarthi said.
Elsewhere, a 14 -year old schoolgirl was in critical condition in
Banka district of Bihar after she was raped by four men, said Jyoti
Kumar, the district education officer.
The men have been identified, but police were yet to make any arrests, Kumar said.
Meanwhile, the 23-year-old victim of the first rape lay in critical condition in the hospital with severe internal injuries, doctors said.
Police said six men raped the woman and savagely beat her and her companion with iron rods on a bus driving around the city – passing through several police checkpoints – before stripping them and dumping them on the side of the road Sunday night.
Delhi police chief Neeraj Kumar said four men have been arrested and a search was underway for the other two.Sonia Gandhi, head of the ruling Congress Party, visited the victim, promised swift action against the perpetrators and called for police to be trained to deal with crimes against women.
"It is a matter of shame that these incidents recur with painful regularity and that our daughters, sisters and mothers are unsafe in our capital city," she wrote in a letter to Delhi Chief Minister Sheila Dikshit.
In New Delhi and across India, the outpouring of anger is unusual in a country where attacks against women are rarely prosecuted. The Times of India newspaper dedicated four pages to the rape Wednesday, demanding an example be made of the rapists, while television stations debated the nation's treatment of its women.
Opposition lawmakers shouted slogans and protested outside Parliament and called for making rape a capital crime. Cutting across party affiliations, lawmakers demanded the government announce a plan to safeguard women in the city.
Home Minister Sushil Kumar Shinde told Parliament he had ordered increased police patrols on the streets, especially at night.
Shinde said the government has introduced bills to increase the punishment for rapes and other crimes against women, but they are bogged down in Parliament.
Analysts and protesters said the upsurge of anger was chiefly due to increasing incidents of crime against women and the seeming inability of authorities to protect them.
"We have been screaming ourselves hoarse demanding greater security for women and girls. But the government, the police, and others responsible for public security have ignored the daily violence that women face," said Sehba Farooqui, a women's rights activist.
Farooqui said women's groups were demanding fast-track courts to deal with rape and other crimes against women.
In India's painfully slow justice system, cases can languish for 10 to 15 years before reaching court.
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DELHI RAPE VICTIM uncensensored |
"We want this case to be dealt with within 30 days and not the go the usual way when justice is denied to rape victims because of inordinate delays and the rapists go scot-free," Farooqui said.
Analysts say crimes against women are on the rise as more young women leave their homes to join the work force in India's booming economy, even as deep-rooted social attitudes that women are inferior remain unchanged. Many families look down on women, viewing the girl child as a burden that forces them to pay a huge dowry to marry her off.
Kumari says a change can come about only when women are seen as equal to men.
Rapes in India remain drastically underreported. In many cases, families do not report rapes due to the stigma that follows the victim and her family. In other instances, families may decide not to report a rape out of frustration with the long delays in court and harassment at the hands of the police. Police, themselves are reluctant to register cases of rape and domestic violence in order to keep down crime figures or to elicit a bribe from the victim.
In a sign of the protesters' fury, Khushi Pattanaik, a student, said death was too easy a punishment for the rapists, they should instead be castrated and forced to suffer as their victim did.
"It should be made public so that you see it, you feel it and you also live with it . the kind of shame and guilt," she said.
NEW DELHI: As she continues to battle for her life, the 23-year-old gang rape victim has given a "fearless and bold" statement before a magistrate about the brutal assault on Sunday night and wants her tormentors to be swiftly brought to justice.
more information
http://www.huffingtonpost.com/2012/12/19/india-bus-gang-rape_n_2329002.html
http://zeenews.india.com/news/delhi/delhi-gang-rape-girl-in-extreme-pain-india-prays_817569.html
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| 3 guys the life saver of that victim girl |
rape laws in india
law needs to be more sensitive to the
feelings of the victim, who has had a traumatic time and scarcely needs to be
reminded of it. Often the victim is abused and humiliated. "Don't try to tell us
that you didn't enjoy it."
There are a few points in the law, which are
open to debate. Sexual intercourse by a man with his own wife, where the wife is
over 15 years of age, is not rape. Sexual intercourse in a custodial situation
is deemed an offence (policemen, public servants, managers of public hospitals
and remand homes or wardens of jails), even if it is with the consent of the
woman.
As a whole, the process of law is biased against the victim. If
the victim is a minor, the onus is on the accused to prove his innocence. But if
the victim is a major, it is up to her to prove her charge. Therefore, the
defence finds it worthwhile to prove that the victim is a
major.
Also, in rape cases, unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred.
The laws too are discriminatory in nature. According to Section 155 (4) of Indian Evidence Act, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix (victim) was of generally immoral character." Section 54 of Indian Evidence Act says, "In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant."
When the laws themselves carry an inherent bias, how far can the victim be assured of justice?
Rape is a weapon that distorts a woman's sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim's privacy and personal integrity, but also causes serious physical and psychological damage.
The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve.
Also, in rape cases, unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred.
The laws too are discriminatory in nature. According to Section 155 (4) of Indian Evidence Act, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix (victim) was of generally immoral character." Section 54 of Indian Evidence Act says, "In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant."
When the laws themselves carry an inherent bias, how far can the victim be assured of justice?
Rape is a weapon that distorts a woman's sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim's privacy and personal integrity, but also causes serious physical and psychological damage.
The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve.
Section 375 of the Indian Penal Code (IPC) defines rape. Rape
(from Latin rapio, to carry off, to overcome) means an unlawful intercourse done
by a man with a woman without her valid consent. In certain cases, when consent
is taken by fraudulent means or by misrepresentation, the act is still ûquite
rightly- taken as rape. A rapist, for instance can put a gun at his victim's
head and obtain consent. Still better, he could ask one of his goons to put a
gun on her husband's head and tell her that the gun would go off if she did not
relent. Consent could also be had fraudulently by giving her intoxicating or
stupefying substances ( Cannabis is just one of the many stupefying drugs which
can be given to achieve this). Another way of getting consent by fraudulent
means is by impersonation. A rapist may slip into the bed of an unsuspecting
woman in the thick of night, when the woman, taking him to be her husband not
only does not resist, but actively participates in the act. These cases are rare
but do occur occasionally. Finally the consent of a woman of unsound mind and of
a girl below 16 are not taken to be lawful consent because it is presumed that
these women are not in a position to truly understand the nature and gravity of
sexual intercourse.
This was the position before 1983 and on the face of
it the provisions sound fair enough. Yet Ganpat managed to wriggle out of the
legal consequences of his act. If a police officer apprehends a person illegally
and insists he will not free the man until his wife submits to the officer, how
can one prove rape if she does so? No person in his right mind would imagine
that such an act was not rape, yet the law would not recognize it so before
1983. The women had to prove she had not consented. The rapist was considered
innocent unless proved otherwise.
The change in rape laws in 1983
improved the situation to a great extent. Among other things, the punishment for
rape was made more severe. Before, the punishment prescribed under Section 376
of the IPC provided for a maximum sentence of life imprisonment but there was no
minimum limit. Thus, in theory a rapist could get away with a sentence of say,
just one month.
In 1983 although the legislature failed to increase the
maximum sentence to capital punishment as was vehemently demanded by women's
organizations, it prescribed a minimum sentence of seven years' imprisonment.
Every rapist on being found guilty thereafter bad to undergo a minimum
imprisonment of seven years. Besides, an important provision - Section 376(2) -
was added to the IPC. This section introduced the concept of some special kinds
of rape and prescribed a minimum of ten years for these cases. Furthermore, in
such cases, the imprisonment had to be of a rigorous nature only. These included
rape by a police officer within the premises of a police station; rape by a
public servant of his junior while taking advantage of his official position;
rape by an official in a jail or remand home of an inmate; rape by someone on
the staff of a hospital of a woman in the hospital; rape of a pregnant women;
rape of a, girl under 12 years of age end gang rape.
Rape by persons who
are in a position of authority e.g. police officers, jail wardens, hospital
staff etc., is generally termed custodial rape. Gang rape is a situation when a
woman is raped by one or more than one person from amongst a group of persons
acting in furtherance of their common intention. The important thing is that in
such situations each of the persons within the group will be deemed to have
raped the women even if each one of them did not actually have sexual
intercourse with her. Thus if five men catch hold of a woman and only one
ravishes her in order to, for instance, humiliate her husband because of some
old vendetta, all the five men will be imprisoned for a minimum of ten
years.
It is very difficult for the victim to prove absence of consent
especially in cases of custodial rape, so a special section was added to the
Indian Evidence Act (IEA). According to the new provision - Section 114A of the
IEA - in cases of custodial rape, gang rape and rape of a pregnant woman, if the
victim states in court that she did not consent, then the court shall presume
that she did not consent and the burden of proving consent shell shift to the
accused. This was a major reform in the law.
The legislature did not stop
at this. There can be cases when a person in authority can get a women to have
intercourse with him "willingly" by offering handsome rewards in return. A
superintendent of a jail can offer better living conditions to a woman prisoner
if she "willingly" submits to him. Such cases will not amount to rape;
nevertheless they do signify abuse of official position. For such cases four
special provisions - 376A, 376B, 376C and 376D - were added to the IPC and a,
punishment of five years' imprisonment provided. In effect, if a person in
authority has had sexual intercourse with a women in his custody, he will
firstly have to prove that the women in question had c6nsented. If he can't
prove this he will be guilty of custodial rape and shell have to undergo a
minimum rigorous imprisonment often years. Secondly, even if he is able to prove
that the women did consent, he may not be charged with custodial rape yet he can
be imprisoned for five years under Sections 376B, 376C and 376D.
It would
seem that enough changes have been made in the rape laws to bring if on per with
that of Western countries. However, there are still some glaring deficiencies.
For one thing, the law does not provide for separate and speedy trials for
heinous crimes such as child rape. The definition of rape too is finite
restrictive. For raping a women, penile penetration must be proved. One can
ravish a women equally or much more violently by shoving, for example, an iron
rod into her private parts. Yet such a man would not be held guilty of rape.
Several such cases have indeed come to light.
But the worst thing is the
continued existence of Section 155(4) of the IEA, which provides that when amen
is prosecuted for rape and if is shown that the woman in question is of immoral
character then her evidence will not be taken into account. It may be argued
that this provision offers protection to the accused against false allegations
of a women whose character is suspect. Yet consider Section 54 of the same Act.
Among other things it says that in cases of rape, the fact that the accused
person is a bad character is irrelevant. In effect, for the purpose of proving
that a men did rape the prosecutrix, it is irrelevant to show that he has a bed
character. If the bad character of the prosecutrix is considered in cases of
rape, why not the bad character of the accused too?
In fact, it can be
argued that these provisions are unconstitutional as they contravene the
equality clause under Article 14 of the Indian Constitution. Is it not highly
unfair to apply different standards to the accused and the complainant only in
rape
cases?
more information
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