Sunday, February 17, 2013

Legal Advice


The culprits in Suryanelly case can possibly raise a strong defence leading to clean acquittal and that is by claiming themselves to be mentally challenged (retarded). Those of whom we hear connected to the said case appear to meet all the requirements needed for mental retardation that can be proved with their low IQs.
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  • Deepa Seethu and Nisha George like this.

  • Nisha George According to my cognizant, to claim oneself as brutally raped by 42 men (though with or without consent is yet to be found)is a wretched situation, and once failed getting that justice and all the culprits are acquitted…….i don’t think sir, a girl or her family will come back after 17 years pointing fingers at the same person saying yes, he is one among the one who raped me. Consider their current situation and our society, they were living an isolated life in disguise.

  • Prof. Alex Odikandathil Ph.D. You must be right, Nisha. U know, I was only making a sarcastic comment. Then, the question 'with or without consent' does not arise in this case as the girl was a minor at the time of occurance. Even if she consented, it does not amount to consent in law. AND EVEN IF she was promiscuous, she should have been treated; NOT LAID.

  • Nisha George power and politics on one side and a poor family on the other side, judiciary is a witness of all these is terrifying... women should stand up, i feel sorry for Kurien's wife, who is a silent listener to all these conversation, though she know her husb...See More

  • Prof. Alex Odikandathil Ph.D. We don't have the wherewithal to investigate, the yardstick to find the truth or the authority to punish the culprit. That is why human civilization has established courts of law. The court procedure should run its full course and provide equality of justice to all the citizens, irrespective of any consideration, whatsoever. The allegation is that it did not happen in the present case.

  • Nisha George I do agree that the reason why courts are formed, but the politics ruling the judiciary is bit shameful. not sure justice is prevailing. Judges are also human beings and at situations they can be biased to on various factors including influence...

  • Prof. Alex Odikandathil Ph.D. Its a vicious cycle... politicians recruiting judges from among their ranks and files and the judges, in turn, passing verdict in favour of their mentors.. should change, must change... there has to be people's activism without allegiance to any political parties. I have to admit that I don't have any tear to shed for anybody's wife!
    Thursday at 4:28pm · Like · 1

    Gods' own country: Is it Kerala or India?
    Kerala'a Home Minister Thiruvanchoor turned down the Opposition’s demand for re-investigation into the infamous Suryanelli serial-rape Case, which is currently rocking the Congress in Kerala after 17 years. The victim, who was just about 16 years old when she was abducted and subjected to rape for over 40 days continuously, has consistently accused Rajya Sabha Deputy Chairman P.J. Kurien of having tormented her. On 31 Jan 2013, the Supreme Court set aside the verdict of the Kerala High Court which had acquitted the overwhelming majority of the 35 persons who had been found guilty by the special court, and reduced the sentence of the single accused that it found guilty.
    Kurien’s plea of alibi has been wearing thin ever since.
    Thiruvanchoor claims the government has received legal advice that there are no grounds for re-investigation. He added that the reference to ‘victim’ in the Central Government’s ordinance can either be female or male!
    Joke:
    Vayalar Ravi, a central cabinet minister from Kerala snapped at a woman TV journalist who had asked him about the controversy thus: "Have you any prior experience with Kurien?”.
    The bigger joke,
    of course, is Kerala Government’s desperation to pass legislation to ‘protect the privacy and dignity ‘ of women running precisely parallel to their desperation to protect Kurien who seems to be getting sewed tighter and tighter into the most uncomfortably ‘protective’ gunny-bag of self-proclaimed innocence.
    And the biggest joke?
    The Head of a splinter christian denomination that flourished in the name of Jesus Christ has stepped up to defend Kurien since he happens to be one of its affluent members even when a priest of the same church who was in charge of the local parish when it happened points a finger at him. The same Head had a meeting with Narendra Modi of Gujarat some time back: Who arranged it? smells anything?    Let nobody be permitted to pervert the course of justice.AND, 
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Tuesday, February 12, 2013

Rape Vs, Child prostitution


What many fail to understand in connection with the recent episode is that the Indian Penal Code - Sections 21, 23 & 25 read with sections 319, 320, 321, 322, 339, 340, 361, 366, 366-A, 372, 373, & 376 - all specifically provide for stern action against adult perpetrators who aid, abet or subject children to prostitution and hence the law does not view it lesser in degree than rape. Then what's the point in shouting against Justice Basant?
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Not many questions:

1. In a case where the accused doesn't plead guilty and the case goes on trial, on whom does the onus of proof rest so as to establish the innocence of the accused?
2. Is it the prosecution's duty to prove alibi as claimed by an accused?
3. Oommen Chandy (CM) and Thiruvanchoor (HM) defended Kurien by saying that the abused girl has nothing to say new.
Is that not the strongest point to prove that the Suryanelli girl is speaking truth?
(Its customary for defence lawyers to get witnesses tell different versions of the same incident by tactful cross- examination to disprove their statements and to cast doubt on their character. Here she is telling the same thing again and again which tantamounts to truth in my legal disposition. Who else is competent to say what happened to her better than she herself)?
4. What is Antony's take on this since he was the then CM?
5. Why did two left governments prefer to sleep on this issue when they were in power?
6. To what extent does the balance swing in favour of the girl due to the revelations in the Special Proseutor's (Adv. Janardana Kurup) autobiography?
7. Heard the dictum: "Justice delayed is justice denied?"
An introspection is good.
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