Free Speech and Breach of Privacy

By Monica Sakhrani

The furore over the publication of the FIR in the TISS rape case has led to the raising of the issues as to the limits of free speech and press freedom. The other issue that has come up is whether the press has the right to publish a “public document”, the presumption being that all public documents are in the public domain. This piece seeks to answer as to why is not so.

First of all, the term public document in the Indian Evidence Act (Section 74) includes documents of the State and state records of private documents. Private documents are documents other than public documents. The rationale for the distinction in the law of evidence is mainly relating to proof of the documents. While private documents have to be proved through the production of the original, certified copies and other secondary evidence of a public document is permitted by the law. The reasons for this are obvious. However it doesn’t mean that all public or state documents are in the public domain just as it is a fact that even private documents can be in the public domain. The examples of official secrets and mass media are good examples of this. Fundamentally it has been agreed upon in all jurisdictions including the USA where the First Amendment right to free speech is held to be paramount that there are limits to free speech. State Security, reputation of private persons (defamation), contempt of the judiciary, hate speech and   blasphemy are recognized limits of free speech. In India our constitutional guarantee of free speech under Article 19 (1 (a) also recognizes right to privacy as one of its components and further this right can been reasonably restricted by Article 19 (2) in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

An FIR is the First Information of the commission of a cognizable offence which is disclosed to the police. Under Section 154 of the CrPC, the police have to reduce the statement of the witness who reports the disclosure of the offence in writing, which report then becomes the basis of the beginning of the investigation of the case including the arrest of the accused. The copy of the FIR has to be given to the First Informant free of cost and also a copy of the same is sent to the Magistrate who has jurisdiction over the concerned police station. The FIR is included in the chargesheet. The courts have held that FIR is a public document in cases wherein the accused has demanded a copy of the FIR before the filing of the chargesheet. In these cases, it has been held that the accused can obtain a copy of the FIR from the court by applying to the concerned Magistrate and he cannot be refused the same as the same is needed in order to help him exercise his right to fair trial and bail Once the judicial trial begins, information regarding the proceedings including the FIR and the evidence of the witnesses comes within the public domain as the judicial proceeding is open to the public and publication of the same is permitted. However this is not the case in rape cases, where the trial is in camera and both the disclosure of the judicial proceedings and the identity of the rape victim is proscribed by law under Section 228A of the Indian Penal Code. One of the exceptions to this is if the same was disclosed by the victim herself.

Now we come to the question as to whether the media has the right to obtain copy of the FIR and publish the same. The entire campaign for the right to information was based on the premise that transparency and accountability is one of the necessary ingredients of democracy and good governance. this is why the Right to Information Act, 2005 states that its objective is to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority However it is recognized that withholding of information by the state in certain circumstances are permitted under Section 8 which includes under sub section (1(i) information “which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information”.  Section 11 further states that when any information sought is disclosed by a third party, it cannot in any case (meaning that it is not prohibited under Section 8 (1(i) ) be disclosed without giving the concerned third party the right to be heard.

In the present case, the publication of the alleged FIR and the disclosure of material particulars of the woman which led to her identification were obviously not done in accordance with procedure established by law, i.e. either through making an application for the certified copy to the magistrate or by making an RTI Application. Neither was disclosure done by the victim. In any case, the application whether to the magistrate or the Public Information Officer would be rejected as not only is it against public interest to disclose the same but disclosure is proscribed by Section 228A as it would lead to disclosure of identity of the victim. It is also violative of the victim’s fundamental right to privacy. Apart from the legal reasons prohibiting publication and identification, it would lead to less and less women coming forward to register cases of sexual assault where in any case, women have to bear the blame of at best being stupid and at worst being promiscuous liars. It takes tremendous courage and strength to take recourse to law by a woman in a case of sexual assault where she stands to lose as much as the accused. One must also not lose sight of the fact that the legal discourse is fundamentally a patriarchal discourse with its value loaded binary of chastity versus promiscuity, shame versus brazenness. The very fact that the woman has ‘come out in the open’ by filing the case, condemns her and justifies a vilification campaign through use of arguments of public interest which are invasive of privacy. In effect the site of challenge of patriarchy is itself patriarchy. The press coverage and the publication of the FIR in this case is a case to point.

Monica Sakhrani has been a human rights activist and lawyer for many years. She is currently Assistant Professor at the Centre for Criminology and Justice, School of Social Work, Tata Institute of Social Sciences.

79 Responses to Free Speech and Breach of Privacy

  1. Shilpa Phadke says:

    Thank you for the clarification on what constitutes public documents and so on and how and when they might be obtained.

    I couldn’t agree more that laws in cases of sexual assault should be as supportive of the victim as possible to encourage more women to come forward.

    • Rohan says:

      I certainly support the move initiated by certain groups and the dirty journalism that is coming to play. But I bring to your notice one important issue – the rights of the accused. The basic tenet of law is that an accused is innocent until he/ she is proven guilty. If this tenet is violated, there will be chaos in society as anybody can accuse anybody of crimes.

      Media ethics also mandate that the names of the accused are not given out as they are merely accused, not convicted. Personal prejudices seem to guide people in the media as well as outside. What prevents the groups who are fighting for media ethics to fight for the ethics here too [Non-disclosure of the names of the accused]. Or, do we have double standards?

      I also would like to tell you that the scope for misuse of rape laws are tremendous. Consensual sex is converted into rape many times for various reasons. Imagine of this case if false. Imagine if this lady offered sex for a price and on not being happy with the payment, filed a false case.

      Lets be reasonable and sensible. Lets not take sides. None of us know the TRUTH. We always assume that women cannot lie about rape. That is our problem.

      Regards,
      Rohan

  2. Shraddha Chickerur says:

    Thank you Ma’am,
    The legal aspect of the entire eposide was the foremost question on all our minds. Strong actions have to be taken to prevent further such inscance by the media!!

  3. Bishakha Datta says:

    This is really useful – specially the distinction between public documents, private documents – and how there may be private documents in the public domain.

    Also the legal status of FIRs in general and in rape cases in particular. Really very useful for those of us who knew the media part of it but not the law.

  4. iconoplastic says:

    I am glad that this blog has been started. Very glad, in fact.

  5. […] Read the full article: Free speech and breach of privacy […]

  6. jerome says:

    dear all,

    see below my letter to toi/mm/dna, thanks, jerome

    Dear Editor,

    As an alumni of TISS, I find your salacious coverage on the rape incident in bad taste bordering on the verge of crass commercialism rather than public interest journalistic integrity.

    I do appreciate that your newspaper has to sell itself for a living, but surely there is a level of human decency that even a newspaper such as yours can abide by.

    Many of us who studied at TISS are cognizant of the efforts being made by the authorities and law enforcement agencies to resolve the issue and bring the traumatised student out of her suffering.

    You might want to report on this, except that it may not translate into higher sales and revenues, but it may just provide your newspaper with an opportunity for some much needed redemption.

    Sincerely

    Jerome D’Souza

  7. Rohan says:

    While I appreciate the work that you are doing to protect the rights and interests of the alleged victim, and struggling to uphold media ethics, I don’t understand the bias in applying these journalistic ethics selectively and only to the alleged victim. What about the rights of the alleged perpetrators? Remember, an accused in a rape case or any other case is an accused and NOT a criminal. Several cases of false cases of rape have also come about and we do not know whether the lady was really raped or she turned concensual sex into rape for whatever reason. That is why we have the courts to decide and judge. Nobody can jump to conclusion that an allegation of rape is rape. Hence, I expect that the journalistic ethics be extended to the rights of the accused too. Imagine if this case is false. What would be the reputation of the accused the way the media has given out their names. Secondly, I see nothing special about crimes against women since ours is an equal society. A crime is a crime and media has to be sensitive to all cases, not just with regard to crimes against women. Just because a crime has happened against a woman, there cannot be any change in the way it is reported and all press council standards have to be adhered to. So, what is special about crimes about women? Let media standards be applied equally to all cases of crimes.

    These are some news reports about false cases:

    Woman in dock for crying rape
    http://timesofindia.indiatimes.com/Citi es/Delhi/Woman_in_dock_for_crying_rape/a rticleshow/2749977.cms

    Rape flip-flop puts girl in dock
    http://www.telegraphindia.com/1080226/j sp/nation/story_8948112.jsp

    Rape victim attacked by accused’s kin
    http://timesofindia.indiatimes.com/Rape _victim_attacked_in_Delhi/articleshow/29 44071.cms

    She Blamed Him. He Spent 11 Years in Jail
    http://news.aol.com/article/rape-victim -convicted-man/375591

    http://www.foxnews.com/printer_friendly _story/0,3566,153969,00.html

    Wednesday, April 20, 2005
    By Wendy McElroy

    Most statutory rape cases fall flat in court
    http://timesofindia.indiatimes.com/Goa/ Most_statutory_rape_cases_fall_flat_in_c ourt/articleshow/4258271.cms

    Women admits false rape complaint.
    http://nz.news.yahoo.com/a/-/top-storie s/5172305

    Regards,
    Rohan

  8. Rohan says:

    MS MONICA, I read your entire write-up but do not agree with your last paragraph where you mention that the legal system is so-called patriarchal. The very fact that a rape accused is held guilty until he proves himself innocent and all other factors heavily loaded against the accused is evidence that it is women-oriented and centric. The very fact that many women misuse the law also shows how it is not the way you have described it. One small correction – women from decent families would hesitate and think several times before they file a case of this nature while women from indecent backgrounds or who are unscrupulous don’t hesitate and infact use it as a tool of extortion. This is equally true with the men. There cannot be mass generalisations and assumptions.

  9. Feminist Fatale says:

    Rohan,

    I find myself compelled to write again in the space of ten minutes to address this apparent “other realm” you live in.
    If in your fantasies rape cases are heavily loaded against the accused then clearly you have not taken the time to look at conviction rates in rape cases which demonstrate exactly the opposite – please do not speak of things of which you are patently ignorant.

    Also your comment about women from supposedly ‘decent’ versus ‘indecent’ backgrounds demonstrates why you have a problem with Monica Sakhrani, you have bought into all these patriarchal assumptions about good and bad women and can no longer see the truth!

    FF

  10. Rohan says:

    Feminist fatale, I understand what world you live in. A world where laws and society is not geared to recognise that women and men can be as bad, a world where women alone can be good and men alone can be bad. You have spoken of a term called “Conviction rate”, which is not a part of any legal parlance. Is there anything called “Accusation rate” or a “acquittal rate”? Are laws meant convict people on complaints – genuine or frivilous, does not matter? Is there anything called a fair trial in your dictionary? I would say that conviction has to be based on a reasonable evidence and not on conviction for the sake of it. The laws are heaviliy loaded against men in rape cases and if they are not convicted inspite of that, that means the cases are frivilous or there is corruption. There cannot be any dispute on this. The low rate of conviction cannot mean that the laws are loaded against women. Read the law yourself. I need not explain it fuether.

    Secondly, people, both men and women, come from all kinds of backgrounds. Your world consists of all women coming from decent backgrounds and with no scope for women filing false charges to blackmail and extort. You do not want a fair trial for men who are accused. This is the truth.

  11. Rohan says:

    Feminist fatale,

    In your over-enthusiasm, you also missed a very important thing. I supported the initiate your had taken to rein the the idiotic media. But I only said, we cannot be selective about media ethics. By respecting the rights of an accused in any case for that matter, the trial does not get affected in any way. By not disclosing the names and pictures of the accused, the trial and rights of the Accuser or alleged victim does not get affected. But your reply indicates to me that you want an accused in a rape case to be treated as a convict without a trial. Same time, you want to treat an Accuser as a victim even before the judgement. Is this how a system should run. Very soon, we would have accusations flying thick and fast and the system would collapse. Your suggest, if I got it right is indeed fatal for not just the system but the real victims too. Allow a fair trial for both the Accused and the Accuser. Uphold the rights of the Accuser(Alleged victim) and also the rights of the Accused (Alleged criminal). By upholding the rights of both, we strengthen the legal system and not weaken it. Don’t get into a lynch-mob mentality.

  12. Rohan says:

    Feminist Fatale,

    Good and bad women are not “Patriarchal” assumptions. Nor are good and bad men assumtions based on so-called patriarchy. They are made in reference to the possibility of misuse of laws. They are made to indicate the need to have an impartial view of a case, especially if it is a criminal case with no presumption of guilt and pre-judgement that either the man is a criminal or the woman is a call girl. Impartial judgement is what I am emphasising on when I say, good and bad women. Your statements show that you have no room for any possibility for unscupulous people misusing the laws. Nor do you want any misuse clause. Thereby, the system is allowed to be abused and misused freely by one section of the population. This is a recipe for disaster.

  13. Somnath says:

    Although all the accused have been arrested but still many people are not happy even when there is no evidence. Rohan rightly said, there is only a term called AQUITTAL RATE but there is not term called ACCUSATION RATE. In India women centric laws are a complete trap, the man has to prove something which he never did. Nowadays even promise to marry is rape, nowhere in the entire world except for India a person who refuses to marry is jailed. If the punishment is same for Rape and consensual then better do the crime for which people are falsely accused. In US police has to have an Evidence before arresting someone, but in India if I have to take revenge I can ask my girlfriend or sister to put a false rape case on your brother or father and he will be arrested immediately and then they have to prove that they never raped. Also there is no punishment for false cases in India, now we know why there is so much aquittal in rape cases. There was even a report in Times of India after an intensive study that 50% of all rape cases were completely fabricated in India. In one case after Supreme court sentenced a guy solely on the testimony of his daughter, she comes back and tells the court that she said because her mother told her to say that her father raped her. See the movie UNDERTRIAL.

  14. Parthasarathy says:

    http://www.anandaanswers.com/pages/naaFalse.html

    With the cooperation of the police agency of a small metropolitan community, 45 consecutive, disposed, false rape allegations covering a 9 year period were studied. False rape allegations constitute 41% of the total forcible rape cases (109) reported during this period. These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations. [False rape allegations are reported in similar numbers at college campuses; approximately 50% of rape charges are admitted to be false by the accuser.]

    Currently, the two main identifiable adversaries involved in the false rape allegations controversy are the feminists and the police. The feminists are by far the most expressive and prominent on this issue. Some feminists take the position that the declaration of rape as false or unfounded largely means that the police do not believe the complainant; that is, the rape charges are real reflections of criminal assault, but the agents of the criminal justice system do not believe them (Brownmiller, 1975; Russell, 1984). Some feminists virtually deny the existence of false rape accusations and believe the concept itself constitutes discriminatory harassment toward women (see Grano, 1990). On the other hand, police are prone to say the reason for not believing some rape complainants resides in the fact that the rapes never occurred (Payton, 1967; Wilson, 1978; Jay, 1991). Medical Examiners lend support to this police position by emphasizing the ever-present possibility that rape complainants may be lying (Shill, 1969, 1971).

  15. loudandproudblog says:

    I don’t want to dignify the comment with a reply on merits as it is an irrational and misogynistic comment and completely disconnected from reality. the comment in fact proves what i said in the article that ultimately in a rape trial it is the woman who is at trial. the comment which implies that only indecent and unscruplous women file such cases and no decent woman would do so perfectly justifies what i stated. the legal discourse is also full of ‘woman of loose morals’ etc which anyone who has studied judgments in rape cases would be aware of. there is ample legal scholarship which proves the patriarchal nature of law and it does not need to be reproduced here. the reason for the change in the law shifting the burden of proof has come as a result of a long struggle after the mathura rape case where similar judgments on the woman’s character were made. but obviously we have miles to go before we change mindsets.
    -Monica Sakhrani

    • Rohan says:

      Monica,

      You have deliberately mis-interpreted what I meant. I didn’t say that only indecent and unscrupulous women file cases. I meant, a woman from a decent family would think twice before filing a case while on the other hand, an indecent woman would use these laws as a tool of extortion. If you cannot understand this simple truth, I cannot help you. The so-called Patriarhcy, which is your favourite whipping horse works two ways and not one-way. The same whipping horse of “Patriarchy” sympathises with women, pre-judges a man as wicked, a woman as morally superior to man, and for everything, there is a corresponding thing out there. It is the same “Patriarchy” which does not grant men the right to claim alimony from women, except in the rarest of rare circumstances. Your claim that the burden of proof was shifted after a long stuggle has nothing to do with the so-called “Patrarchal” nature of law. Instead, it has to do with the fundamental principles of law in any civilized society which assumes a fair trial to the guilty and holds him or her innocent until proven guilty. The struggle that you mention is connected to this and it is a violation of the fundamental principles of law and the Geneva convention on human rights. Lastly, it is all about vote-banks and for laws to get amended, it just needs votes and money. Nothing in this world is one-sided. For every female perspective, there is also a corresponding male perspective. To shut the male perspective is to behave in a dictatorial fashion and trying to dominate. Yes, mindsets against men have to change a lot. Its not miles to go. It is several light years to go!

    • Rohan says:

      Anything that is against the interests of feminists automatically becomes misogynist and far from reality. So, what is the reality? Any woman complains of rape or something else, get the men behind bars and don’t give them a fair trial. Fair trial exists for a Pakistani terrorist such as Kasab and with all the proof but no fair trial for an Indian man who has been accused by one person of rape or dowry. Now, this doesn’t become unfair even if it violates the law. Anybody who opposes unfair system is called a misogynist.

    • Rohan says:

      “Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.

      MONICA, WHAT DO YOU HAVE TO SAY FOR THIS??

    • Rajesh Kumar says:

      Well Monica, there is no change in law. The burden of proving rape is still on the accuser.
      The problem of rape crime is different. It is a mental crime. The physical menifestation of rape, that is sexual intercourse is not a crime. What is a crime is “absence of consent” on the part of women. Consent is a mental concept- it is difficult to prove absence of consent for the women and at the same time presence of consent for the defendant.
      The problem of these laws is that consent is to be gathered from the circumstances. In this particular case, the my inference from the circumstances, whatever has been published, is presence of consent. The same problem was there in the mathura case- from the circumstances district court felt no rape for presence of consent, High court felt rape for absence of consent and SC felt no rape for presence of consent. Various persons can derive different inference from same set of circumstances.
      This is the basic problem which robs rape law of certainty, objectivity and make it prone to abuse by uncrupulous women.

  16. Rohan says:

    BBC personality made 40 false rape allegations
    BBC personality has shattered her ex-boyfriend’s life by falsely accusing him of rape.
    The woman, who has broadcast to television audiences of millions, accused him of raping her 40 times throughout their two-and-a-half-year relationship.
    He said: ‘The lies she told have ruined my life. Yet, while I have lost out on jobs and been left paranoid and scared of women, she has got away without punishment. We’re not even allowed to reveal her identity. Rape is a horrific crime, and there is no way I am capable of committing it.
    ‘I don’t care how successful she is, she should be sent to prison. Of course, the BBC doesn’t know what she has done. But if they were to find out I would like to think they’d sack her.’

    http://www.dailymail.co.uk/news/article-1127303/BBC-personality-40-false-rape-allegations-ex-boyfriend.html

  17. Rohan says:

    Teenager who falsely claimed her boyfriend raped her after he kissed another girl faces jail

    http://www.dailymail.co.uk/news/article-1029977/Teenager-falsely-claimed-boyfriend-raped-kissed-girl-faces-jail.html

    Woman ‘seduced ex-boyfriend and cried rape’
    Erin Casson, 27, a communications officer, claimed submariner Brian Eaton, who she had been seeing for one year but had split up with three months earlier, threatened to kill her before forcing her to have sex, it was said.
    But after six months police officers investigating the rape claim decided it was her who was lying and she was arrested for perverting the course of justice.

    http://www.telegraph.co.uk/news/uknews/2403929/Woman-seduced-ex-boyfriend-and-cried-rape.html

    Mom says she told teen to lie about rape
    The mother of a 16-year-old rape victim told her daughter to blame the rape on a stranger last summer in order to protect the mother’s live-in boyfriend , who committed the rape.
    The attack was reported June 22, 2007, as a case of stranger rape when the girl told police she woke up to find a man in her bed.
    Boise police quickly arrested a 21-year-old self-described transient who happened to be walking in the area. They charged him with sexual assault and burglary and held him in jail for about three weeks until DNA tests excluded him as a suspect.
    Ada County prosecutors say the girl’s mother lied to police when she said Rainey was not living at her home, near Edna Street and Maple Grove Road, when the assault occurred.
    Prosecutors also say she instructed her daughter to lie to police – to tell them Rainey did not rape her and was not living there at the time.
    Police say she stuck to that story until the DNA test results were revealed.

    http://www.idahostatesman.com/235/story/457577.html

  18. prassoon says:

    Monica Sakhrani has mentioned really valid law points regarding private and public documents. Since that doesnt cover the privacy of rape accused, no matter whether or not the case is genuine MEDIA takes charge of the trial right after the FIR is filed. Monica being advocate knows what it means an FIR for a lawyer or for the magistrate…just a template. In the recent past we have been hearing lot of rape cases against various polititians and well known persons OFCOURSE IN THE MEDIA. But we never heard of anyone getting convicted but instead after the “PURPOSE” is met they get aquitted. The recent trend shows that rape charge is applied only on those who have money or reputation to loose. Another tread is serial rape from year xxxx to year xxxx by xxx number of people. What does those cases mean? It is really hard to believe those are rapes in the real sense of rape. Here I’m not justifying the act of rape but trying to say that simply giving unnecessary protection to any victim is not doing any good to the victim but instead it gives a wide loophole for misuse and abuse of the legal system.

    Patriarchy is a simple word thats been used by feminists to poke fellow women. Apparently, they themselves appraise patriarchy by all means. They fought and made it a legal responsibility of MEN to take care of women for their entire life and still fighting for more options to get even more lavish maintenance either in marriage or out of marriage. Men contributes more than 80% of the tax and supports women spending 7200cores every year (25% increase from last year) which in turn supports over 3000 women NGOs, give women tax rebates and reservations. If these are part of PATRIARCHY do those who utter this word dare to give up all these and be on their own?

  19. Sandesh says:

    The article is mis-guiding. Courts normally consider women as victim, and try to protect them, whether they are right or wrong.
    Please have a look at the spate of judgements, given by courts. Due to all such “feminism”, we have draconian laws like 498a, and DV act. The day is not far away, when they will amend section 376, and it won’t require any physical evidence to arrest the accused, mere complaint would be enough. And 376 will become a big money spinner.

    Bombay is not proud of you. It is rather ashamed of you.

    • Somnath says:

      Oh Sandesh you have no idea, rape law is already modified by supreme court by recent judgements, it clearly says a woman is a victim if she claims to be, there is no medical proof required to prove otherwise. After sometime Supreme court realized some false cases and then told the lower courts, no evidence required but JUST BE CAREFUL of FALSE CASES.

      • Rohan says:

        A woman is a born victim. This is the feminist era and the era of female victimhood. A woman is always a victim and a man is by default a perpetrator.

    • Rohan says:

      http://in.news.yahoo.com/43/20090511/812/tnl-former-kerala-minister-cleared-of-se.html

      Former Kerala minister cleared of sexual harassment charges.

      Mon, May 11 02:03 PM
      Chennai/Kottayam (Kerala), May 11 (IANS) A Tamil Nadu court Monday acquitted former Kerala public works minister P.J. Joseph of charges that he had misbehaved with a woman passenger on a flight. Mons Joseph, who now holds the portfolio in the state government, said he would resign to enable his predecessor to return to the post.

      The Sriperumbudur magistrate’s court near Chennai acquitted P.J. Joseph in the sexual harassment case filed against him by television anchor Lakshmi Gopakumar in 2006.

      While P.J. Joseph hailed God for the favourable verdict, Gopakumar’s counsel said they would appeal against the decision.

      Gopakumar had complained to the Chennai airport police, accusing P.J. Joseph of misbehaving with her on board a Kingfisher Airlines flight from Chennai to Kochi Aug 3, 2006.

      Besides the Chennai airport police probe, the Kerala government had asked Inspector General of Police B. Sandhya to investigate the charges.

      In her report late August 2006, Sandhya said the victim stood by her allegations and ‘it was possible that such an act might have occurred on board’. The report ruled out any conspiracy theory as suggested by P.J. Joseph.

      P.J. Joseph, the chairman of the Kerala Congress-Joseph, was replaced by T.U. Kuruvilla as public works minister in September 2006 after the former quit the cabinet over the misbehaviour allegations.

      Mons Joseph took over from Kuruvilla, who also resigned in the wake of a land scam involving his children.

      P.J. Jospeph’s supporters took out a rally shouting slogans in favour of their leader in his hometown in Thodupuzha as soon as the news of the acquittal came.

      Current Public Works Minister Mons Joseph addressed reporters in Kottayam in Kerala minutes after his party chairman P.J. Joseph got a clean chit and said he would step down.

      ‘I informed the chairman that I am holding a press conference here to announce my decision to resign to make way for him. He said that he and his family were leaving on a pilgrimage to the Velankanni church (in Tamil Nadu),’ Mons Joseph said.

      ‘It is for the party to decide the future course of action but I am clear I will step down in favour of my party chairman. This acquittal is going to give a huge boost to our party,’ he added.

      Chief Minister V.S. Achuthanandan said in Thiruvananthapuram: ‘I am happy to hear about the acquittal. Whether or not he becomes minister has to be decided by his party and the LDF.’

      Vaikom Viswan, the ruling Left Democratic Front (LDF) convenor, told reporters in Kottayam that he welcomed P.J. Joseph’s acquittal, but said his re-appointment as minister would be decided later.

      ‘If Joseph will go on to become a minister (or not) will be decided later at the appropriate forum and cannot be disclosed now,’ said Viswan.

  20. Somnath says:

    NEW DELHI: A little less than 20% of sexual-assault cases reported in and around Delhi are false, shows a five-year study. In almost every fifth
    incident, or, in 18.3 % cases to be precise, rape is used as a weapon to malign and attempt revenge, found a group of psychologists who assist Delhi Police in investigating sexual assault allegations.

    The conclusion was drawn from 113 cases in the last five years. Anger towards the accused prompted allegations of rape in 25% of the false charges. An equal number of such cases were filed at the behest of family members. Every fifth false allegation was made by a minor `coached’ to cry `rape’ as an attempt to settle family scores. About 15% were situations of panic after clear consent, while the remaining 15% defied categorisation.

    In September 2007, the Supreme Court had alerted lower courts to attempts at misusing the rape law, noting “the courts should bear in mind that false charges of rape are not uncommon.”

    Rajat Mitra of Swanchetan, the NGO that conducted the study, says the false cases can be complicated at times. He talks of a 16-year-old girl from West Delhi’s Dabri area who accused her father and another man of rape. The girl claimed insanity post-assault, saying she would see faces of men all around her attacking her. The girl broke down on being asked by counsellors whether the images were in black and white or in colour. She confessed her brother had asked her to accuse their father. With her father in jail, believed the girl, her brother would get the property and she would get to marry the person of her choice. In the end, withdrew the case.

    Another case was of a medically proven rape of a 13-year-old in Dwarka. The girl had accused three men but the police found their investigations did not show these men’s involvement. After a quiet talking-to by psychologists, the girl finally got the courage to speak the truth. She said the three men who had raped her were family members who had threatened her. To protect them, and out of fear, she had accused three others. In this case, the chargesheet was filed against the real culprits.

    In the face of such cases, the five-year study assumes significance. Sexual assault is tricky to investigate and wrong convictions can harm the falsely accused and discredit the ordeal of real rape victims. Zero tolerance to sexual crime has a flip side to it as a person’s testimony can be taken at face-value in the absence of evidence or corroboration.

    It is important for investigators of sexual assault to be alert to the grey areas of such crime, says Mitra, a clinical psychologist. “While 34% of all cases showed acute PSTD in the immediate aftermath of the attack, almost 30% displayed no obvious signs of trauma,” he said. The no-sign cases can mislead because the average policeman identifies trauma with incessant cathartic bawling, and a silent person may be viewed as not being traumatized, he says, while the person may likely be numbed.

    Collection of evidence is often difficult, as cases are frequently reported too late for physical examinations to yield conclusive results. This is when counselling can help, as psychologists are skilled at reassuring victims and can get them to open up and recount incidents.

    In cases of false allegations, it’s the structure of the stories that most often give the game away. “The pre and post-sequence, the language used and the structure of events is obvious when it is coached,” says the clinical psychologist. Instead of recalling, a person making a false accusation reconstructs the incident, building in the details as it would gel with her interrogators.

  21. Somnath says:

    NEW DELHI: Five policemen who framed four men in a gangrape case at the instance of a prostitute, resulting in the accused’ conviction a decade ago,
    have now been nailed by the Delhi High Court which on Friday slapped criminal charges against them.

    Justice S Muralidhar, while acquitting the four convicts, Pankaj Chaudhary, Gunjesh Chaudhary (brothers), Jai Lal and Mohammed Kasim found that the cops who were posted in Hauz Khas station in 1997, had framed these men. HC has now asked the registrar general to ask the trial court to begin criminal proceedings against the five cops SI Jai Bhagwan, ASI Prem Chand, inspector H M Bakshi, the then SHO and two head constables Ratan Lal and Sagar Chand. All five face the possibility of minimum seven year jail term under various sections of IPC for fabricating evidence and giving false evidence in court and have been slapped with a fine of Rs 25,000 each, payable to the innocent men. Interestingly, an internal inquiry by Delhi Police had established as early as 2001 that the four were framed by the five policemen.

    The women who alleged she was gangrape victim, on whose testimony the men were convicted in 2000, will also face action for lying, HC ruled.

    “This case is an instance of how a false criminal case, instituted in connivance with obliging police officials can virtually ruin the lives of innocent persons..it also demonstrates the value of the right to appeal and need for self corrective measures within the police and judiciary,” Justice Muralidhar noted in his verdict, lamenting that the four men had to carry the stigma of being rapists for all 12 years which is “unlikely to be erased for sometime notwithstanding their acquittal by this judgement.”

    Granting them relief with costs, HC also gave three months time to the state government to compensate the men, also leaving it open to them to knock the doors of human rights commission for relief.

    The case stemmed from an FIR lodged by Hauz Khas police station in 1997 where a woman alleged she had been gangraped by four men in Katwaria Sarai area of the capital. The cops fabricated evidence to suit the allegations, leading to the four men being convicted for the crime by a trial court in 2000. The real reason, as was discovered later, was that the men had protested against her presence in their area, asking her to leave. She retaliated by alleging rape.

    However, in an interesting twist, a second FIR lodged on the same night, surfaced from the same police station, recording that the woman had been arrested for prostitution and was cooling her heels in the lockup at the time she alleged she was gangraped. This led to the men moving HC, urging it to declare them innocent as they had clearly been framed, as also concluded by the police inquiry. But the entire process of inquiry, retrial on the basis of additional evidence and HC dealing with their appeals took up the next nine years, with the result that justice has come to these men only in 2009.

  22. Somnath says:

    Policemen cook up a rape, Framed witness spent 52 days in jail
    NEW DELHI:5 Sep, 2006
    It was a diabolic frame-up, carried out with great precision. The target was a Delhi businessman who had seen a policeman molesting a woman and refused to flinch from giving his testimony against the cop despite dire threats. So, a group of policemen allegedly hatched a intricate plan to fix the witness on rape charges.

    Several top officers are alleged to be involved in this conspiracy, hatched and executed in 2000, among them the molestor-cop, Inspector C M Dutta, two SHOs, two sub-inspectors, a couple of lawyers, a woman who played the role of a ‘rape’ victim and four more accomplices, including two women. And the victim – 49-year-old Sushil Gulati.

    Gulati’s nightmare began on August 29, 2000. It was around 10.30 pm when the cops reached his house at Rajouri Garden and arrested him for ‘rape’ in a moving car. He was pushed around and thrashed in front of his family, including his daughter studying in class XII. The entire neighbourhood had gathered, quite unbelieving of the charge. Some protested but the cops took away Gulati and his Maruti car.

    As far as the cops were concerned, they had fixed Gulati true and proper. We bring you details of the frame-up – some of which might appear offensive – only to give you an idea of how far the policemen had gone to trap an innocent and public-spirited man.

    On the morning of August 29, one Rajni Gupta, who played the role of the ‘victim’ for a consideration of Rs 40,000, reached the chamber of lawyer Mohd Altaf – a co-conspirator – in Tis Hazari courts after having intercourse with one Babloo Mandal, whose blood group matched Gulati’s.

    Altaf apparently examined Rajni and concluded that to make the ‘rape’ more realistic she had to have sex with another person. When Rajni baulked, a compromise was reached – she was injected semen of another accomplice, Sonu, with a needle-less syringe and some semen was scattered on her salwar and underwear. She was also asked to consume liquor and tobacco to get dizzy. She was then dropped near St Stephen’s hospital to be ‘discovered’.
    Rajni, who was allegedly part of the controversy in which a witness to a molestation was framed, lay near St Stephen’s Hospital, while two women — Najma and Savita allegedly kept a watch on her, and sub-inspector Narendra Kumar of Subzi Mandi police station was informed.

    He reached the spot, called a PCR van and took the ‘victim’ to Hindu Rao Hospital. Kumar, too, is now said to be an accomplice and Rajni was allegedly dumped at a time when he was on duty so that Kumar himself could take up the investigation.

    Late that night, after picking up Sushil Gulati and impounding his car, the cops planted ‘evidence’ of rape in the car, including Rajni’s pubic hair. According to Gulati, he was beaten up in the police station and asked to ejaculate so that his semen could be collected. Gulati refused. But his blood was taken for testing.

    Faced with such ‘incriminating evidence’ and virtually with every police officer against him, Gulati should have had as much chance of of survival as a snowflake in a furnace.

    But Gulati’s neighbours simply refused to buy the police story. When the ‘rape’ was reported by newspapers next morning and a time given for the ‘rape’, they realised it was a frame-up. At 8.30 pm Gulati’s car was right in front of his house — and many had seen it. It was certainly not being used by Gulati, as alleged by the police, when they accused him of raping Rajni in the moving car.

    Rajouri Garden residents approached the then police commissioner Ajai Raj Sharma. They drew his attention to the glaring loophole in the police case. Sharma saw the point and handed over the case to the crime branch and sleuths kept a close tab on Rajni.
    One day a little note dropped at her house was intercepted by crime branch sleuths. It was from Babloo who advised Rajni to leave as soon as she got her money.

    Already, the sleuths had gone to Bareilly to check out the permanent address given by Rajni, which was discovered to be fake. Rajni was then picked up for questioning. On September 11, she confessed to the fabrication.

    The truth was out. But in typical cop style, the police arrested Dutta, lawyer Altaf, Babloo, Rajni, Savita and Najma but let off the other co-conspirator cops.

    Gulati himself was released after spending 52 harrowing days in jail. The case against him had crumbled after DNA testing showed his semen didn’t match with that found on Rajni. Samples from Rajni’s clothes, in fact, matched with that of Babloo’s and Sonu’s.

    Having gone through hell, Gulati was determined to get to the bottom of the conspiracy. He went to the courts seeking punishment for the other policemen. On August 11, 2006 — that is, six years later — Gulati won a victory. On that day a city court ordered the police to reopen investigations against 14 persons, including six police officers.

    The six officers against whom the investigation will now be carried out include the then SHO of Subzi Mandi, Balbir Singh, then SHO of Rajouri Garden Hoshiar Singh, then Additional SHO of Subzi Mandi Hariram Malik, SI Rajbir Singh, chowki in-charge of Rajouri Garden PS, Veenit Sony, the then chowki in-charge of Subzi Mandi PS and Dutta’s wife, Sanyogita, then inspector, women’s cell, Ashok Vihar

  23. Somnath says:

    NEW DELHI: Taking a strong view of a woman who had tried to implicate a man with whom she had a consensual sexual relationship in a rape case, a
    city court has directed a criminal case against her for abusing the law.

    Additional sessions judge Rajender Kumar Shastri directed a criminal case against east Delhi resident Ms Rajesh, after it came on record that she had deliberately made a false statement to implicate Mahesh Gupta.

    Rajesh had retracted her statement during her deposition and said she had lodged the complaint against Mahesh after being denied money in lieu of sexual favours towards him.

    SOMNATH- And you know what when a man is caught he will be looked down upon by the media, the people, the neighbours, the police, the judges, even his family will not support him. Not that the society is very helpful, but it comes from the fact that every man in India thinks the other man is a rapist and a molester.

  24. Rajesh Kumar says:

    What Monica is talking is rubbish.
    The whole concept of rape law and foundation of belief on women statement is that society presumes that no women will make a false accusation of rape (the whole presumption is false, I know many women who can make any allegation just for some money).
    Keeping the identity of women secret even takes this particular safeguard of abuse of rape laws. If this is done, it will result in greater false accusation of rape. Read this news story, has come only a few days back-

    http://www.thaindian.com/newsportal/uncategorized/court-acquits-four-men-framed-of-rape-charges_100188711.html

    New Delhi, May 5 (IANS) Twelve years after being falsely accused of rape and later convicted, four men were Tuesday acquitted by Delhi High Court of the charges brought against them by a sex worker with the alleged connivance of some Delhi Police officials.
    One of the men, Pankaj Chaudhari in his plea before the court claimed that he was “paying the price for opposing a flesh trade racket near his house in 1997″.

    He was arrested, along with his brother Gunjesh, and two friends Jailal Yadav and Kashim Rain, on charges of raping a neighbour, who allegedly ran a prostitution ring.

    They were jailed on July 28, 1997, and then convicted for gangrape in 2000, after police then manning the Hauz Khas police station – apparently at the instance of the sex worker – decided to frame them for protesting against the racket which led to her business suffering.

    Subsequently, an inquiry was ordered within the police department. The high court released the four men on bail in 2001.

    “Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.

    Justice S. Muralidhar acquitted the four, but reserved order on the plea of taking action against the then police officials involved in the case.

    After they were convicted in 2000, their relatives alleged foul play, which led Amod Shastri, heading an NGO called Nyay Bharti, to probe the case.

    Shastri’s efforts revealed that while the woman claimed she was raped at 9.30 p.m. by the four, another complaint in the same police station showed that she was arrested the same afternoon for indulging in flesh trade and let off at 10.30 p.m. on a bond of Rs.500. This indicated that she was actually at the police station at the time she claimed to have been raped at her home.

    We demand capital punishment for false accuser women.

  25. prassoon says:

    somnath rohan and rajesh, thanks for giving free training to build up some general knowledge aside from legal knowledge. kudos to you guys…

  26. Rohan says:

    THANKS EVERYBODY FOR THOSE LINKS AND A BALANCED PERSPECTIVE. WE MEN NEED JUSTICE AND A FAIR TRIAL. THIS CANNOT BE ALLOWED TO CONTINUE LIKE THIS. THIS IS NOTHING BUT A FEMINIST-DEMOCRACY. FEMINISM IS THE NEW TALIBANISM!

  27. Feminist Fatale says:

    This blog’s commitment to free speech is clear from the fact that it has not deleted the ridiculous and made in bad faith comments by some respondents. As Monical Sakhrani puts it they do not deserve the dignity of a response.

    Clearly the truth of Sakhrani’s piece threatens some men and therein lies its success.

    Three cheers to Monica Sakhrani and the Loud and Proud blog!
    FF

    PS – Rohan, there is no need to “SHOUT” by writing in capitals – all of us can read.

    • Rohan says:

      Feminist Fatale,

      The media reports and judgements cannot be passed off as being ridiculous and do not deserve any response. You haven’t responded as you simply cannot afford to respond.

      The blog is not a threat to anybody as much as the attitude in society is today towards men’s rights. Very soon, many more men would join the tirade against feminazism unless amendments are made to bring about equality and men are given humane treatment.

      This war against false propoganda will continue!

    • Rohan says:

      The comments are all made in absolute good faith in the interest of men, human rights, law and justice, and ultimately women themselves. Nowhere has anybody supported rape as a crime nor have anybody supported the so-called victim. On the other hand, you want to deliver judgement even before a trial on the assumptions that women can never lie. The response from some men here is to impress upon the members of this blog to uphold human rights for all and the links are in support of the same to bring to everybody’s notice the possibilities of gross misuse. This seems to be unpalatable for you. Its your problem.

  28. Rajesh Kumar says:

    You are right feminist. This is threatening some men.
    In fact Feminism is nothing but a threat to men. Unfortunately Men as a class is not understanding it. Some men have started understanding it and hence feel threatened. They want the other men too to understand the sinister feminism and feel threatened. In this context, this article and comments are serving a very useful purpose.
    Keep on writing such papers and comments, so that more and more men feel threatened. When sufficient number of men will start feeling threatened, we will have a gender war to solve various problems.
    Thanks once again.

  29. prassoon says:

    “No news is good news”; Monica Sakhrani’s silence tells that all. May be she is doing some homework…

  30. cyco says:

    Thanks PRASSOON.Its been too quite as none of us have heard a word from Monica. Maybe as you rightly said she has done her homework and found the truth but is too feminist to admit. Who cares for six young lives and their families, when newly borns are found in dustbins?
    Monica,I am nearly touching 60, and I can say with pride that my school teachers are still alive with me today even though in reality they all rest in Heaven. Its what they gave me during those days that I am today what I am.Stand for right.Wish your students could say that someday for you. As for your other colleague Ms.Shruti C.who added spices like any Indian housewife to the ingredients collect by the girl B,police put them in the pot,media started the fire and VOILA ! you have the dish ready to serve.- Six Young Lives.And for Desert its the families. Maybe you can answer the ??? It will clear our hearts and once again have clear conscious.I truly am not against the lady and I do not believe that nothing happened. I am objecting to the fact that all six would have the same idea at the same time.If it was conspiracy as per the cops then girl (A),is the one to be blamed as she tagged girl(B) to
    three boys she knew from before and three she met for the first time that day.WHAT IS SHE DOING OUT THEN?? As per the theory she should be the first one in the PEN. If the cops freeze her for 14+14 days and the Judiciary custody takes over, I am sure you will hear the song of the canary.BUT I DO NOT BELIEVE THIS THEORY.Girl(A)had nothing to do with this all.She knew all the six boys and they knew
    her.We have no photos of her misbehaving with anyone whereas for girl(B)she is clearly instigating VS & JS.Maybe the three in the room took a wrong meaning and just played with her a bit, REMEMBER they are all drunk. What about the other THREE in the next room? If murder takes place in a house I do not think that the neighbors are blamed as they heard nothing.The boys too may not have heard anything because the girl B never cried out aloud TIGER- TIGER.

  31. dipti says:

    If one can be concerned about the girls identity being published then how are people not being troubled by the way in which,not only,the boys identity but also their faces being published…none of us know what had happened that night or who is to be blamed???then how can we be so bayous??????this girl is not even an Indian citizen.These boys are and going to be citizens of India.If at all they are proven to be innocent can one imagine the humiliation they would have to face because of the way in which the media has literally raped them???

    • Rohan says:

      This is exactly the point. I am glad that a woman has written this neutral perspective. Most women and their male supporters would want ‘justice’ and by that, they mean justice for the woman only. What about the men?? One point is always suppressed – that men who are accused of rape undergo much more torture and social ostracization than women victims of rape. Women victims of rape are sympathised as our society is now feminized. Who will sympathise with the men who were falsely accused?

    • Rohan says:

      ‘Gang rape’ woman admits she lied
      Thursday, 4 June 2009

      http://news.bbc.co.uk/2/hi/uk_news/england/lancashire/8082765.stm

  32. cyco says:

    Dipti admire your courage and honesty.Rohan as usual you have put us in touch with the truth that just crying out rape can turn out to be mutual consent.After all Satan does exit in all of us.What about the latest news – Indian students being attacked physically and mentally in Australia.Indian girls and ladies must also be there as students and families. But of-course as per our culture it would be a shame to discuss or come in front of the camera being an Indian lady.But not for girl “B”.They have a different culture and totally different Govt.who take action and just not talk – the truth.Well our Govt. likes only to talk.We are indeed very lucky.
    Take Kasab for instant, killed innocent people, top police officers ,etc. yet demands Biryani and constantly laughs in court? Has anyone cared to ask the families of the lost as to what should be done with him?During IPL tour of South Africa two of our top Industrialist harassed a lady who turned out more powerful than them put togather on that soil?
    Why was there no morcha organized by the so called sympathy distributors? Maybe they knew that the two had a battery of lawyers to oppose them. I know how tough it must be for the parents to sum up the money to get the best of lawyer for their ward – just one.
    If I am right it would be around two months for the boys in lockup.What must be their mental state of mind.Boys always finding food on the table and soft beds to sleep on provided by their hard working parents.Cannot imagine the state of the parents as all are from outside Mumbai. I request the police to put up the case as early as they can so only the guilty be punished.

    • Rohan says:

      To top it, the lady who has accused the 6 boys is a foreigner and these boys are Indians. This ‘Loud and proud Bombay’ is out here to defend a foreigner simply because she is a woman. This, even before the trial has started and simply on the assumption that women can never lie, and foreign women can never lie too! In a way, this is not just about gender. This is about being loyal to the citizens of this country. This is betrayal of Indians by Indians themselves, not allowing a fair trial for Indians vis-a-vis a foreigner! Lastly, there is no perjury clause or misuse clause for rape allegations that are false. That means, this lady will walk away scot-free if the charges are proven false and these 6 boys will face a lifetime of social ostracisation and prejudice! Is this justice?

  33. Rajesh Kumar says:

    Well Cyco, false allegation of rape is a reality-

    http://masculist.wordpress.com/2009/05/13/false-allegation-of-rape/

    The problem is men are not understading it. The problem with such allegations is that without trial the accused is presumed guilty and accuser a victim. This is not fair. The only thing people are asking for is fairness in trial.
    As far as this case is concerned, merely by reading news reports, I am convinced that many things are missing in this case and when the truth will come out, it will look very different.

    • Rohan says:

      And when the truth would come out, and assuming that the boys are acquitted inspite of the laws and media reports against them, these women’s groups would talk about legal system against women in rape cases and the “low conviction rate” as though “conviction” is the goal of the legal system and not a fair trial and justice. The women’s groups are out there to convict men even before a trial has begun! Conviction of men is their goal and not justice for all.

  34. prassoon says:

    To curb the nasty media trial the only way is to amend the Indecent Representation of Women Act. Let it be gender neutral and Indecent Representation of Person Act!

    • Rohan says:

      Absolutely! These laws violate article 14 [Equality before law] and these laws were made in the 18th century and are continuing even today. Where are the Equality preachers now? They have vanished when this is brought to their notice.

  35. cyco says:

    Atlast, the police come up with something according to today’s news. Chartsheet will be filed in another 10-15 days.The boys by than have been visitors of the law for two and a half months? The next shocking statement is –
    the girl has already given a statement in front of the Magistrate so her presence during trial is not important??? How do the boys protect themselves? Who do the Lawyers cross examine to prove the innocence of the accused ? We have all concluded that there are many potholes in her story.Now that the police have the camera report which is also showing only party pictures they are waiting again for forensic reports.I once read that they already had them and nothing was found.If Medical+Forensic+Camera reports are all negative of showing RAPE what more ? Something is fishy with the whole case….the smell of the American superpower on Indian soil with six Indian lives to be turned into dust and used as fertilizer to give a clean cheat to the law on solving the case. BRAVO !!! Jaiho.

  36. cyco says:

    Rohan, personally I would like to know if you are a lawyer as you seem to know a lot of the law and all your writings include articles of the law. Know why?
    I am truly puzzled by today’s police article for the TISS case.When it has been published in more than one newspaper about the forensic report being negative than how did the newspaper guys got hold of it if the cops say that they are waiting for it and a friend I asked told me that the newspaper quotes do not matter at all.TRUE? Then why do we buy the newspaper and read it? The cops are not printing any details regarding any cases.I think we should have a separate publication straight from the horse’s mouth. Strange India.

    • Rohan says:

      No I am not a Lawyer. Many of my posts are from people who have sent me links or those who are fighting against draconian laws. I am more practical and have common sense than how most people in India think. They think all men are bad and all women are good. I believe that women can be as bad as men.

  37. Prassoon says:

    BJP said it right cyco; its not JAIho its BHAYho!!! Men needs to be more vigilant in this century to cover himself up!! Cops have limitations, they cant show the public every moves they make. On top of it, since there are so many grey areas in this case we should understand they are really playing some drama. Based on an old study 18% rape cases are proven to be false but it takes a decade to prove the innocence. Men are really getting raped here!!!

  38. cyco says:

    Monica and Shruti time is running out for the boys.The police are ready with their verdict.They are just doing their job from just what has been told to them. If the two of you are really God fearing persons have your own families who’s faces you long to see each and everyday – just think of the Parents of the boys, miles away waiting each passing day whether it is going to unite them or separate them for a long long time.The best PRASAD you can offer to your Deity would be the truth in the matter if you have come across it. Even a sentence can still change everything.
    Happines to the parents and decent life to the boys.

  39. cyco says:

    Why is everyone so silent. Has HOPE been left to hope.
    I think now is the time the boys need us the most. Anyone???

    • Rohan says:

      Certainly, the society needs to hear the boys now. What they have to say in the matter. Otherwise, ours cannot be called a civilized society at all.

  40. cyco says:

    Rohan HOW? That would be if the innocent are proved innocent through court? How many days, months or years they will have to suffer more. Will the media prove those innocent by printing the story on the first page?Will the boys and their parents be looked at as they were at first – with respect? I doubt.
    How will the society hear their part of the story when no one can go near them till it ends. Is the media allowed to visit them in custody? Definitely they will have a story to tell and remember throughout their lives- NEVER TRY TO HELP A LADY.

    • Rohan says:

      I don’t think this can happen. The boys, if they are innocent, are destined to be branded rapists. The change can happen only of men wake and fight for their rights.

    • Rohan says:

      Men who are unjustly accused of rape can sometime gain from the experience.
      – Catherine Comins, Vassar College

      “I claim that rape exists any time sexual intercourse occurs when it has not been initiated by the woman, out of her own genuine affection and desire.” – Robin Morgan

      “Who cares how men feel or what they do or whether they suffer? They have had over 2000 years to dominate and made a complete hash of it. Now it is our turn. My only comment to men is, if you don’t like it, bad luck — and if you get in my way I’ll run you down.” Signed: Liberated Woman, Boronia Herald-Sun, Melbourne, Australia – 9 February 1996

    • Rohan says:

      “All sex, even consensual sex between a married couple, is an act of violence perpetrated against a woman.”—————–
      Catherine MacKinnon

      “All men are rapists and that’s all they are”—————–

      Marilyn French, Author “The Women’s Room”

      “All men are good for is fucking, and running over with a truck”.——————
      Statement made by A University of Maine Feminist Administrator, quoted by Richard Dinsmore, who brought a successful civil suit against the University in the amount of $600,000. Richard had protested the quote; was dismissed thereafter on the grounds of harassment; and responded by bringing suit against the University. 1995 settlement.

      “Heterosexual intercourse is the pure, formalized expression of contempt for women’s bodies.”————
      Andrea Dworkin

      “In a patriarchal society, all heterosexual intercourse is rape because women, as a group, are not strong enough to give meaningful consent.”——–
      Catharine MacKinnon.

      ABOVE ARE EXTRACTS OF STATEMENT MADE BY WELL-KNOWN FEMINISTS.

  41. cyco says:

    Hi guys,
    In her statement- ‘B’has clearly stated that VS started kissing her and JS raised her top garment,put up her bra and sucked her nipples.This proves that (1)She was fully in her senses while in the room (2)She did not want to leave the room nor the flat. RIGHT. Next, she complains about being DOPED at the party. HOW is it possible that she managed to note that the boys had stopped on the way to pee,- Went by herself climbing the stairs,- Noted VS & JS caressing her, But blames all Six Boys on being on top of her??? So it puzzles me as to when she had gone into that sweet COMA, so as not to know the actual culprit if there was one and why does she put the blame on all six. Is she trying to protect the actual one?? Maybe she was hand in glove before too with him.Something is not right here and the innocent have indeed been RAPED by her.
    WHAT IS YOUR OPINION GUYS?

  42. cyco says:

    Forget the feminist MUMBO JUMBO. Start putting the pins in her story lads if you do want to help the INNOCENT boys.

  43. cyco says:

    I do not know the reason for your silence from such a long time? Has each and everyone of you lost interest in the six young lives still breathing their last breath on the cop’s ventilator system. Last 8 days to go for the 90 days of custody to end? But,the CHART SHEET? What will their fate be? As even the girl(B)has been allowed to go back to her home town with a promise of no return and the chart sheet yet not filed – what Fate are we talking about.What TRIAL? Looks like they are already condemned.The lawyers will do their best against who – The cops or The Magistrate. Would it be like many other cases,dry their bones in jail so as to grind them into fine powder when finally the date for trial will come after how many years nobody knows as nobody would be responsible. Anyone knows???????????

  44. Rajesh Kumar says:

    Well Cyco, the case is doomed. There is enough evidence of their innocence and I think they will be let off.
    They have to suffer till the time they get bail. I suppose they will get soon. After getting bail, they should file 4-5 cases against the accuser like malacious prosecution, perjury, attempt of extortion etc. They should also file some civil cases for compensation.

  45. prassoon says:

    Truth shall prevail. If no charge-sheet filed in 90 days, they will automatically get bailed out.

    Rajesh Kumar is right. They can file cases under

    IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person

    IPC Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

    195 will bring her equal amount of punishment which she tried to give these guys. This should be the RIGHT compensation not money.

  46. cyco says:

    Well Rajesh Kumar, I too thought the same but as you must have seen the latest verdict that the bail application of two of the boys who where in the next room not in the same room with the girl has been rejected with the comment that they had a common intention.Then why where they not sleeping in the same room.
    To you Prassoon, thankyou for giving full details with the Sections that can be applied and I too am of the opinion that she should be made to pay in the same coin. What puzzles me is- she was the only one found with narcotics in her blood yet the police let her off scot free. They could have filed a seperate case so that she too would have faced the same music and it would have been easy for the boys case too. But they just allowed her to leave.the bar where they all had drinks have confirmed that nothing could have been mixed in her drink there. So her story that they fixed her drink is untrue and so can be the one of rape as she had asked one of the boys for a hugh sum of money IRS.200,000/- and had been habituated to borrow amounts from him time and again.
    Rohan you are quite, did like your viewsthough.They
    are to the point and direct.Find some time,friend.

    • Rohan says:

      Cyco,

      Rajesh Kumar and Prassoon have both said it all! I hope things would go accordingly and justice would be done to the boys (If they are indeed innocent).

      • Rajesh Kumar says:

        Rohan, you call it justice! Men are incarcerated merely on the statement of drugg addict girls, and you call it justice. When the men say this is an attempt to extort money, prima facie case exist against the women, but she is allowed to leave India merely because she is women, you call it jusitce! Two yardstick for men and women, and you call it justice. Men rot in jail and even when they are proved innocent, there is no provision to give them sufficient compensation, you call it jusitce.
        Those boys were idiots. They should have left the women on the road itself, rather than taking her to their apartments for her safety. Women deserve this only. The real justice will be done when men will start leaving helpless women on the road itself. That is what they deserve. You help a women, and spend time on jail.
        Once a friend of mine gave lift to women at night time and she extorted money from him. Men should never help a women in distress, or if the men are fool enough to do it- they deserve to rot in jail like these boys.

  47. cyco says:

    Well Rajesh Kumar, I too thought the same but as you must have seen the latest verdict that the bail application of two of the boys who where in the next room not in the same room with the girl has been rejected with the comment that they had a common intention.Then why where they not sleeping in the same room.
    To you Prassoon, thankyou for giving full details with the Sections that can be applied and I too am of the opinion that she should be made to pay in the same coin. What puzzles me is- she was the only one found with narcotics in her blood yet the police let her off scot free. They could have filed a seperate case so that she too would have faced the same music and it would have been easy for the boys case too. But they just allowed her to leave.The bar where they all had drinks have confirmed that nothing could have been mixed in her drink there. So her story that they fixed her drink is untrue and so can be the one of rape as she had asked one of the boys for a hugh sum of money IRS.200,000/- and had been habituated to borrow amounts from him time and again.
    Rohan you are quiet, did like your viewsthough.They
    are to the point and direct.Find some time,friend.

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