Thursday, February 19, 2009


This is about India and its justice system..

'RAPE CONVICT cracks UPSC''Set to walk free as High Court grants partial relief'..reads the head and sub headline of a leading Indian daily a few days ago.
Read on the full article here..

'NEW DELHI: A rape convict who cleared the civil services examination while serving his sentence, has won partial relief from the Delhi High Court on Tuesday, which said he had "redeemed himself in jail'' by qualifying for the top job.

A division bench comprising Justice Pradeep Nandrajog and Justice Aruna Suresh refused to acquit Ashok Rai alias Amit and said he will continue to remain a convict for the crime of raping one Sushmita (name changed), who committed suicide in 2003.

Rai will now be released from jail as he has already been behind bars for a period of five years and six months, with HC seeing this incarceration as "meeting the ends of justice''

The limited relief for Rai came in the form of HC setting aside his conviction under section 306 (abetment to suicide) after both judges concluded he was only guilty of obtaining her consent for sex on the "false promise of marriage'' (which constitutes rape), but didn't push her to end her life.

"At the age of 21, Sushmita was mature enough to understand the moral worth of her acts. She was conscious that by having repeated sex with Rai she could become pregnant and hence he had told her to take contraceptive tablets,'' HC observed, saying there is "some participative act committed by Sushmita.'' Therefore her contention in her suicide note blaming Rai for
her death didn't hold, the court added.

Rai used to take chemistry tuitions and started giving extra classes to Sushmita in 2003. According to her suicide note, the tutor drugged her in one of the coaching sessions and then induced her into having sex with him. Later they regularly had sex as Rai promised the duo will soon tie the knot. Sushmita maintained it was when Rai asked her to take contraceptive tablets
that she sensed she was being "used'', but felt trapped as she was madly in love with him.

Things worsened when Rai allegedly asked her to have sex with a third person from whom he wanted a favour. However, HC found no evidence to susbtantiate this allegation of Sushmita that she actually had sex with a third person.

"The suicide note has to be read as a whole. Emotions of the deceased had to be segregated vis-a-vis her statement of fact noted in suicide note,'' HC said, agreeing with the prosecution that Rai induced Sushmita into having sex with him on the false assurance of marriage, but disregarding that this drove her to commit suicide.'

So this was the article..This is what Indian judiciary is coming to or rather stooping to. Actually one cant blame them either. Earlier it used to be that people who spent all of their lives in studying with the goal of getting through the UPSC exams and thus becoming top Indian brass in the INDIAN FOREIGN SERVICE, INDIAN ADMINISTRATIVE SERVICE and the IPS or the lowest in the choice rung of the candidates THE INDIAN POLICE SERVICE.

So after spending some 20-25 years in sole pursuit of getting through this exam they then after selection learn the ropes of taking the topmost decisions in running this country, and along with it comes the incentive or the 'perks'..

Perks of being well connected for some, and for some, making loads of money through various shady deals which need their 'help' (signature/approval).

I guess its thoughtfull of these High court judges to give partial relief to a criminal just becaiuse he was brainy enough to crack this UPSC nut. So instead of now first getting thru and then getting into shady activities, one can have a headstart in this case. First one becomes a criminal and then an IAF/IAS (or even better join the ) 'Indian Police Service'.

In a country obsessed with the 'civil services' in fact I am surprised that the judges didnt let the guy go scot free. They did the next best thing for him though. Yeah for him..they definitely werent thinking about the criminal in his genius mind, and definitely not about the tortured girl who was driven by this man to the extreme of taking her own life..

All the criminals or the aspiring criminals in India better be intelligent if they want to be pardoned or get away with a lean verdict. Being intelligent is the prerequisite for the criminals in India now.

This is not a lone case of looney verdict either. Actually the Indian justice system is full of loopholes and the rest ..well is taken care of by simply greasing some palms. Its as simple as breathing in India which is only second to China in corruption. If you dont 'give' then you can forget to have a hearing anytime soon. The takers are nonchalant in the taking. Its almost like a 'birthright' for them.

There was this other case a few years ago in the papers where a paedophile had been granted bail for raping a girl while she was on her way to school after cornering her in a secluded spot. The two HC judges ( one I remember as a 'Mishra') said that it was just a one off incidence as he was taken in by strong lust and though he shouldnt have commited the crime, it was nevertheless an act of a man who had a momentary lapse of reason in the throes of lustfull feelings. I believe the man was given a ridiculously low sentence.

What do you expect from a country where paedophilia is rampant and incest common. It seemed at the time to me that the judges were way too 'empathatic' with the rapist. And there is more good news for criminals and people with a criminal bent of mind in India. They just decided that they will let the rape offenders, even paedophiles out on bail and not lock them up unless they fail to come for their hearing. Imagine paedophiles commiting the heinous crime again and again while the courts let them go free to predate on little innocent minds. In any case the sentence is hardly anything to fear. 5-10 years?

The papers are full of this mockery of justice in the name of justice everyday.