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Forever In Our Memories
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“Physical Relations” Can't Automatically Mean Sexual Assault: High Court
New Delhi:
The Delhi High Court has acquitted a man in a POCSO case, saying the use of the phrase “physical relations” by the minor survivor cannot automatically mean sexual assault.
A bench of Justices Prathiba M Singh and Amit Sharma allowed the appeal by the accused, who was given imprisonment for the rest of his life, and observed that it was unclear how the trial court concluded that there was any sexual assault when the survivor had voluntarily gone with the accused.
The court asserted that the leap from physical relations or “samband” to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference.
“The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase ‘physical relations’, but there is no clarity as to what she meant by using the said phrase,” the court said in the judgment passed on December 23.
“Even the use of the words ‘samband banaya’ is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase ‘physical relations’ cannot be converted automatically into sexual intercourse let alone sexual assault,” it held.
The court said the benefit of doubt ought to be in favour of the accused and, therefore, ruled, “The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgment is liable to be set aside. The appellant is acquitted”.
The complaint in this case was lodged in March 2017 by the minor girl’s mother, alleging that her 14-year-old daughter had been lured and kidnapped from her home by an unknown person.
The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
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Manmohan Singh's Final Journey Begins, Gandhis Pay Tributes: Updates
Here is the timeline of Manmohan Singh’s five-decade old career in bureaucracy and politics.
1954: Completed Master’s in Economics from Panjab University
1957: Economic Tripos (3-year degree prog) from Cambridge University
1962: D.Phil in Economics from Oxford University
1971: Joins Government of India as Economic Advisor in Commerce Ministry
1972: Appointed Chief Economic Advisor in Finance Ministry
1980-82: Member, Planning Commission
1982-1985: Governor of the Reserve Bank of India
1985-87: Served as Deputy Chairman of Planning Commission
1987-90: Secretary General of South Commission in Geneva
1990: Appointed Advisor to Prime Minister on Economic Affairs March
1991: Appointed chairman of University Grants Commission
1991: Elected to Rajya Sabha from Assam, and re-elected in 1995, 2001, 2007 and 2013
1991-96: Finance Minister under P V Narasimha Rao government
1998-2004: Leader of the Opposition in Rajya Sabha
2004-2014: Prime Minister of India
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Pride Of The Nation 2024
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Ex PM Manmohan Singh Lost Consciousness At Home: AIIMS Statement
New Delhi:
Former Prime Minister Manmohan Singh, 92, suffered sudden loss of consciousness at his home and was taken to the emergency department of All India Institute of Medical Sciences at 8.06 pm on Thursday, the hospital said in a statement. He was being treated for age-related treatments and was declared dead at 9.51 pm, it said.
“With profound grief, we inform the demise of Former Prime Minister of India, Dr. Manmohan Singh, aged 92. He was being treated for age-related medical conditions and had sudden loss of consciousness at home on 26th December 2024. Resuscitative measures were started immediately at home. He was brought to the Medical Emergency at AIIMS, New Delhi at 8:06 PM. Despite all efforts, he could not be revived and was declared dead at 9:51 PM,” the statement said.
Manmohan Singh’s family reached the hospital and so did Congress leader Priyanka Gandhi Vadra. Congress President Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi are flying back to Delhi from Belagavi in Karnataka where they were attending a party event earlier in the day.
Tributes poured in for the two-time former Prime Minister and architect of India’s economic reforms. Terming Manmohan Singh one of India’s most distinguished leaders, Prime Minister Narendra Modi said the late Congress leader made extensive efforts to improve people’s lives.
“India mourns the loss of one of its most distinguished leaders, Dr. Manmohan Singh Ji. Rising from humble origins, he rose to become a respected economist. He served in various government positions as well, including as Finance Minister, leaving a strong imprint on our economic policy over the years. His interventions in Parliament were also insightful. As our Prime Minister, he made extensive efforts to improve people’s lives,” PM Modi posted on X.
Rahul Gandhi said he has lost a “guide and mentor” and that the former Prime Minister would be remembered with the utmost pride.
“Manmohan Singh Ji led India with immense wisdom and integrity. His humility and deep understanding of economics inspired the nation. My heartfelt condolences to Mrs Kaur and the family. I have lost a mentor and guide. Millions of us who admired him will remember him with the utmost pride,” he wrote on X.
Pointing out that few in politics inspire the kind of respect that Manmohan Singh did, Priyanka Gandhi Vadra said the former Prime Minister was wise, strongwilled and courageous until the end and would always be an inspiration for her and those who “truly love this country”.
‘Never Met Someone More Humble’
Congress Leader P Chidambaram, who held the Home and Finance portfolios at the Centre under Manmohan Singh, said he had never met someone who was as humble and self-effacing.
“It is a very deeply emotional moment for me. I know he was ill and I know that he was
not active, but I thought that he would live for a few more years. As I recall the life and work of Dr Manmohan Singh… the period from 1991 (when then finance minister Manmohan Singh brought in the Budget ushering in liberalisation) to 2014 will be a golden chapter in the history of India,” he told NDTV.
“I have not met a person more humble and self-effacing than Dr Singh. He wore his scholarship lightly and never claimed credit for any of his historic achievements,” he added.
