A Delhi court Tuesday upheld an order sentencing AAP MLA Somnath Bharti to 2 years in jail for assaulting the AIIMS security staff after which he was taken into custody and sent to the prison, his lawyer said. A magistrate court had in January sentenced him to 2 years in prison.
Special Judge Vikas Dhull partly dismissed Bharti’s appeal and convicted him for the offences under sections 147 (rioting) read with 149 (unlawful assembly) of IPC and under section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act. The court, however, set aside his conviction under sections 323 (voluntarily causing hurt), 353 (assault or use of criminal force to deter public servant from discharge of his duty) read with section 149 of IPC.
Damages for wrong conviction: SC issues notice to Centre
The SC on Tuesday issued notice to the Centre on two petitions seeking compensation to one Vishnu Tiwari for 20 years in jail on the wrong conviction on the charges of rape and under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act of 1989. A Bench headed by Justice Uday Umesh Lalit and comprising Justices Indira Banerjee and KM Joseph felt the issue brought up before it by BJP leaders Kapil Mishra and Ashwini Kumar Upadhyay as serious. Upadhyay sought guidelines for compensation to the victims of the wrongful prosecution. Mishra sought framing of guidelines, with a mechanism to take strict action and prosecution of the fake complainants. Both sought rules for adequate relief to victims of the wrongful prosecution by implementing the recommendations of the 277th Law Commission report on the miscarriage of justice.
SC junks APPEAL AGAINST CONVICTION IN OSMANABAD MURDER
The SC on Tuesday dismissed an appeal by two convicts against the Bombay High Court sentencing them to death for a murder in 2011 at Kallam in Osmanabad district. A Bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat dismissed the appeals, holding that there is no merit in them. It held that the Bombay High Court was quite correct in reversing the acquittal of the two appellants because of the trial court overlooking trivial and immaterial reasons. It said the appellants, Netaji Achyut Shinde (Patil) and Balasaheb Kalyanrao Shinde (Patil) of Kallam Taluka, had played a part in achieving the common intention of the murderous assault on the deceased, Suhas. The heinous crime had occured at Shivaji Chowk in Kallam in front of Raviraj Beer Bar where the culprits inflicted serious injuries on Suhas using a sword and also giving him blows and kicks that resulted in his death.
SC closes proceedings on SCBA plea against SOP for hybrid hearing, lawyers’ body to write to CJI