New Delhi [India], May 12 (ANI): The Delhi High Court on Thursday acquitted a man who was sentenced 15 years ago for the offence of kidnapping a minor girl.
New Delhi Jan 22 PTI The Delhi High Court has directed the UIDAI to provide information relating to over 400 people who were allegedly issued fake Aadhaar cards for enrollment for civil defence training in the national capitalJustice Chandra Dhari Singh allowed the petition filed by the Delhi government seeking direction to the Unique Identification Authority of India UIDAI to disclose information on the Aadhar card holders sought by an investigation agency for probe of a caseThe case was lodged by the Anti Corruption Branch for the alleged offences of criminal conspiracy under the Indian Penal Code and the Prevention of Corruption ActThis court is inclined to allow the instant petition The respondent UIDAI is hereby directed to provide all relevant information qua the persons named in annexure of the petition as required for the purposes of investigation as per the provisions of the Aadhaar ActThe investigation agency is also directed to investigate the matter upon receiving the requested information with due regard to the provisions of the statute the court saidAccording to the petition a complaint of VijenderGupta was received in the Delhi governments Anti Corruption Branch stating that the manner of recruitment of marshals for DTC buses was illegalIt was further alleged that the recruitment process was manipulated and the district magistrate had issued fake certificates certifying as Delhi residents for making Aadhaar cards to over 400 people from his home state Rajasthan and had compelled them to pay Rs 2 lakh per headIt was alleged that a large number of Aadhaar cards with bogus Delhi addresses were made for people from Rajasthan at the Aadhaar centre functioning in the office of the district magistrate on holidaysOn the basis of the complaint an FIR was lodged in January 2020The prosecutor submitted before the court that the then district magistrate had committed criminal misconduct by abusing official position as public servant with an ulterior motive to give benefit to ineligible people and in total around 450 candidates with fake Aadhaar cards who had enrolled for training in civil defenceShe said the information sought by the investigation agency was crucial for establishing the forgery committed and disclosure of such an information by the authority in no way amounts to invasion of right to privacy of the card holdersThe counsel for UIDAI submitted that the authority has no objection in sharing the information being sought to the extent and in a manner as permissible under the provisions of the Aadhar Act on being directed by this court PTI SKV ZMN
New Delhi Dec 24 PTI The Delhi High Court has set aside after 15 years the conviction of a man for allegedly raping his stepdaughter saying when her story is found to be improbable and inconsistent the case is liable to be rejectedJustice Chandra Dhari Singh stated that the appellant convict who spent more than four years in custody and was awarded rigorous imprisonment for eight years by the trial court was entitled to the benefit of doubt as the deposition of the prosecutrix did not inspire confidenceThe judge was of the opinion that no firm opinion was given in the medical report on the prosecutrix being raped and there were contradictions in her statements recorded at different stages of investigation enquiry and trialThe court added that even the forensic report stated that the semen of the appellant was not found on the clothes of the prosecutrix This court is of the view that the given facts and circumstances make it crystal clear that if the evidence of the prosecutrix is read and considered in totality of the circumstances along with other evidence on record in which the offence is alleged to have been committed her deposition does not inspire confidence The prosecution has not disclosed the true genesis of the crime In such a fact situation the appellant becomes entitled to the benefit of doubt the court said in its order dated December 23The conviction can be based on sole testimony of the prosecutrix provided it lends assurance of her testimony However in case the court has reason not to accept the version of the prosecutrix on its face value it may look for corroboration In case the evidence is read in its totality and the story projected by the prosecutrix is found to be improbable the prosecutrixs case becomes liable to be rejected it addedThe court in its order also noted that from the evidence on record it emerged that the prosecutrix was raised as a daughter since childhood by the appellant who had tried to stop her from meeting a local boy with whom she was having an affair and subsequently marriedThe impugned judgment dated 18th July 2006 and order on sentence dated 20th July 2006 passed by the learned Additional Sessions Judge New Delhi wherein the appellantaccused was convicted for the offence punishable under Section 376 of the Indian Penal Code 1860 is set aside the court orderedThe appellant currently on bail challenged his conviction on the ground that the mere perfunctory and weak reiteration by the prosecutrix of her version before the trial court was not enough to convict him in the absence of any corroborationThe appellant emphasised that there was no explanation as to how the absence of his wifeprosecutrixs mother was ensured during the alleged repeated transgressions in a one-room houseHe claimed that the criminal case of rape was initiated under the influence of the boy the prosecutrix was having an affair withPTI ADS ZMN
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