When a Father was ‘Falsely Implicated’ on the Charge of ‘Raping’ his ‘Own Daughter’

That the relation between a daughter and her father is sacrosanct needs no reiteration. Unfortunately, when the society reaches an extreme level of depravity, even this relation is not left from being wrongly used. It is very difficult to think that a mother, in order to satisfy her personal wants, can falsely implicate her ex-husband on the charge of raping ‘their’ own daughter. But, this was what happened in a case which has recently been decided by the Delhi High Court (“High Court”). In Atendar Yadav v. State Govt of NCT of Delhi [judgment dated 29^th October, 2013], the appellant, Atendar Yadav, had challenged the order of trial court in which he was convicted him for committing an offence under section 376(2)(f) of the Indian Penal Code, 1860 (“IPC”). The appellant was convicted by the trail court on charge of raping of no one else but his own daughter.

In May, 2007, it so happened that a complaint was filed against the appellant on the charge that he had raped his daughter, the Prosecutrix, in November and December 2006. The complaint was made after the mother of the Prosecutrix, Geeta Anand, became aware of the incident. While the story of the prosecution was appreciated by the trial court, the High Court was not very much convinced with the same. In fact, the High Court considered this to be a case of false implication. Before I go into the crux of the case, let me highlight its factual background.

Due to poor marital relations between them, Geeta Anand and the appellant had agreed to divorce through mutual consent in February 2007. While the custody of children (Prosecutrix and her younger brother) was given to the appellant, Geeta was granted visitation rights. Prior to the divorce, both Geeta Anand and the appellant had filed several cases against each other (Maintenance, Kidnapping, Domestic Violence etc.). Immediately after the divorce, appellant married another woman. When Geeta Anand became aware of this fact, she was baffled.  She was also not satisfied when, under the settlement, she had agreed to withdraw the all the cases in return of Rs. 1 Lac.

According to Geeta Anand, she was informed by the Prosecutrix of the incident when she had gone to meet the latter at the house of appellant’s parents. Highlighting the pervert behaviour of the appellant, she opined as to how he used to watch blue movies at home. In her testimony before the court, Geeta Anand stated that she became aware of the menstruation period of the Prosecutrix and, according to her, the same started after the rape. On knowing this, she was perplexed as by that time her daughter was only 9 years old. However, in her cross-examination, she had admitted to have told the appellant to take care of the Prosecutrix when she is on periods in September 2006. This was only one of the contradictory evidences given by her.

‘Personal Information’ of a Mobile Subscriber is outside the purview of RTI Act

In an important decision, Delhi High Court (“High Court”) has allowed a writ petition filed by Telecom Regulatory Authority of India (“TRAI”) against the order of Central Information Commission (“CIC”). In the impugned order of CIC, TRAI was ordered to seek information of a mobile subscriber from the concerned service provider. [Telecom Regulatory Authority of India v. Yash Pal, judgment Dated 25^th October, 2013]

(Image Source: rationallibertariancorner.com)

Facts: The respondent, Yash Pal, had applied to the CPIO of TRAI seeking call and SMS details of certain mobile numbers. When his application was rejected by both the CPIO and the appellate authority, the respondent filed a second appeal before the CIC. By its order, CIC directed the TRAI to call for the requisite information subject to its availability with the  Service  Provider  and  pass  on  the  same  to  the  respondent. TRAI was required to do this by exercising its power under section 12(1) of Telecom Regulatory Authority of India Act, 1997 (“TRAI Act”). Against this order, TRAI filed the present petition before the High Court.

Relevant Legislations: Right to Information Act, 2005; Telecom Regulatory Authority of India Act, 1997]

Bench: Single Judge [Justice V.K. Jain]

Delhi High Court directs University of Delhi to re-compute marks in LLB Entrance

In yet another case (Ram KumarJha v. University of Delhi & Ors.) of wrong answer key in an entrance exam, Delhi High Court High Court on Monday has directed the University of Delhi, respondent, for re-computing the score of the petitioner-student, Ram Kumar Jha. The petitioner, who had appeared for the entrance test (2013-14) of Faculty of Law, University of Delhi, was not satisfied with his result. On obtaining his answer sheets and copies of questions via an RTI application, the petitioner noted that answer key in respect of two questions were not correct.

(Image Source: University of Delhi Website)

Consequently, the petitioner approached the High Court for directing the respondent to rectify the answer and to take the admission of the petitioner. The High Court, while accepting the contentions of the petitioner, held that it would be failing to discharge its duty if it does not correct answers which are patently wrong:

                                       “It is  true  that ordinarily  the  Courts should  not  interfered  with  the answers  notified  by  the  examiners  but,  where  the  Court  finds  that  the answer  contained  in  the  answer  key  in  respect  of  a  particular  question cannot even be  said one of the possible correct and appropriate answers, not to speak of the most appropriate answer, the Court would be failing in its duty, if it  does not correct such patently wrong answer and leaves a wronged  candidate  remediless,  particularly  when  the  question  under consideration relates to a field of law.”