HC relief for woman who killed lover for refusing sex

[Singh bling]

Yasmin Shaikh's conviction for the murder of Ali Shaikh was overturned and she was held guilty of the lesser charge of culpable homicide not amounting to murder. Yasmin, who has been in prison for 10 years, has been ordered to be released.

 

 

 

"Yasmin's act of setting ablaze Ali was without any premeditation or intention to cause his death. Their relations were quite cordial. Both of them were in love. No motive is also attributed for her to cause his death. The entire incident, as such, appears to have occurred in a `sudden fight', without premeditation and without Yasmin taking any undue advantage or having acted in a cruel or unusual manner," said a division bench of justices Vijaya Kapse-Tahilramani and Shalini Phansalkar Joshi, adding that the incident falls within the exceptions carved out in the IPC for cases that cannot be defi ned as murder."The expression `sudden fight' (used in the IPC) implies mutual provocation and aggravation, which appears to be fairly possible in the present case on refusal of Ali to satisfy the sexual urge of Yasmin," the judges added.

 

 

Turbhe residents Yasmin and Ali were in a relationship for a year and a half prior to the incident. On June 29, 2006, the couple got drunk at Yasmin's house in the night. According to the prosecution, Yasmin wanted sex, but Ali pleaded his inability claiming he was drunk. Yasmin quarrelled with Ali, then poured kerosene over him and set him on fire by throwing a lit matchstick.Hearing his screams for help, neighbours rushed him to hospital. He suffered 57% burns and succumbed to his injuries after a fortnight. Before his death, Ali told police Yasmin had set him on fire for refusing sex. A trial court in 2008 held Yasmin guilty of murder and sentenced her to life imprisonment. She appealed in the HC. Advocate Rebecca Gonsalves, counsel for Yasmin, said the accused did not have the intention of killing Ali and it had occurred as both were drunk and had got into a sudden fight.The advocate pointed to two injuries Yasmin had suffered in the incident.

http://timesofindia.indiatimes.com/city/mumbai/HC-relief-for-woman-who-killed-lover-for-refusing-sex/articleshow/51034374.cms

Just reverse the genders and see how people  media and everybody will be shouting Kill that man.Judiciary most probably will show no leniancy when  a man kill wife or gf because she refuse sex. 

[dial_100]

That's not totally fair. Society is against those men who do atrocities on women and show no remorse. Usually women do things in the spur of things while few men have that as a trait.

Having said that, it is not totally unheard of that innocent men have been incriminated within the purview of a crime against women. Men are generally unfair to women and that is the fact. Nobody is talking of exceptions because they exists in every scenario.

 

 

[Vilander]

i knew i would find the names that i found in this article, had to be.

[rkt.india]

Delhi rape accused were also drunk. They also did it in influence of alcohol and spur of the moment. That wasnt pre-planned too. They too just wanted sex. People outraged so much when the juvenile was released. Lot of such crimes happens with influence of alcohol and spur of the moment, so should everyone of them be released now?

Edited February 20, 2016 by rkt.india

[Crookbond]

Delhi rape accused were also drunk. They also did it in influence of alcohol and spur of the moment. That wasnt pre-planned too. They too just wanted sex. People outraged so much when the juvenile was released. Lot of such crimes happens with influence of alcohol and spur of the moment, so should everyone of them be released now?

Every case has a relevant law and punishment. Are you questioning the law-punishment or the relevance? You can't directly compare cases.

[Singh bling]

Every case has a relevant law and punishment. Are you questioning the law-punishment or the relevance? You can't directly compare cases.

Our judiciary is very leniant on women criminals , several times it is proved that the women deliberatly filesd false rape or dowry case in some cases even multiple yet Judiciary hardly punish them

[beetle]

This is insane.

What is the usual sentence for such cases?10-14 years.....

Sentences for heinous crimes in this country are ridiculously less.These days life sentence means for life,but earlier life sentence meant 14 years.

 

[express bowling]

Gender should not be a consideration at all in case of a criminal and meting out punishment to that person.

Just look at the facts of the case and pronounce a sentence based on the crime committed, the history of the criminal , the situation etc.

[Singh bling]

This is insane.

What is the usual sentence for such cases?10-14 years.....

Sentences for heinous crimes in this country are ridiculously less.These days life sentence means for life,but earlier life sentence meant 14 years.

 

Life sentences are for full life but in most cases , after 14-18 years states grant pardon to criminals as Indian jails are already full 

[MechEng]

World law and order is so messed up.

[zen]

I don't know why some folks are randomly comparing this case w/ crimes such as rape as:

• Both of them were already in a "close" relationship 
• It was not pre-meditated from what is said in the report 

While usually in a rape:

• The crime is committed on a stranger
• The rapist is constantly on the look out for the opportunity to commit the crime. Because the victims are chosen randomly (in the wrong place at a wrong time), it makes it appear to some as a spur of the moment crime 
• And such crimes tend to be repeated by the rapists until they are stopped / arrested 

Additionally, the crime by men vs. women >> the crime by women vs. men, so those asking for equality should note that 

 

Coming back to the incidence, I think it is a heinous crime. Being under the influence of alcohol is not an excuse. And it was also not a matter of self defense. I guess a punishment of around 14 years (umar quaid) could be applicable in this case 

 

Edited February 24, 2016 by rett

[Singh bling]

I don't know why some folks are randomly comparing this case w/ crimes such as rape as:

• Both of them were already in a "close" relationship 
• It was not pre-meditated from what is said in the report 

While usually in a rape:

• The crime is committed on a stranger
• The rapist is constantly on the look out for the opportunity to commit the crime. Because the victims are chosen randomly (in the wrong place at a wrong time), it makes it appear to some as a spur of the moment crime 
• And such crimes tend to be repeated by the rapists until they are stopped / arrested 

Additionally, the crime by men vs. women >> the crime by women vs. men, so those asking for equality should note that 

 

Coming back to the incidence, I think it is a heinous crime. Being under the influence of alcohol is not an excuse. And it was also not a matter of self defense. I guess a punishment of around 14 years (umar quaid) could be applicable in this case 

 

Not true

In a far more detailed study, Majlis, a Mumbai-based group working on sexual violence cases, which examined 644 recorded rape cases in the city between 2008 and 2015 and found that just 9 per cent were stranger rapes. In the 91 per cent remaining cases, the offender was known to the victim.

"This is very disturbing because most of our focus is on public rapes," Flavia Agnes, founder of Majlis, told NDTV. "And most of our policy response is also thinking that most rapes are in public."
http://www.ndtv.com/india-news/truth-vs-hype-the-invisible-reality-of-rape-in-india-1212397

The fact is any guy who will burn his girlfriend for refusing sex in drunken state will never going to come out from jail in 10 years

[zen]

 

Not true

The fact is any guy who will burn his girlfriend for refusing sex in drunken state will never going to come out from jail in 10 years

That^ does not change the fact that men commit far more such crimes against women .... And that such rapists are likely to continue with such behavior until stopped / arrested 

By strangers, I was referring to situations where a girl who is not close to the rapists is raped. Like what we see in the news. Relatively speaking, you would not find a woman raping or committing such crime on strangers.

And as I said, if we talk about rapes committed on the person the rapist knows, the case for men would get even more murkier as many of those cases don't even get reported because of the shame associated with getting involved in such matters 

Also women have to battle other challenges as well for e.g. getting aborted because the parents prefer to have a son 

And I have not implied that women should not be punished but that random comparison should not be drawn   

 

 

[Singh bling]

That^ does not change the fact that men commit far more such crimes against women .... And that such rapists are likely to continue with such behavior until stopped / arrested 

By strangers, I was referring to situations where a girl who is not close to the rapists is raped. Like what we see in the news. Relatively speaking, you would not find a woman raping or committing such crime on strangers.

And as I said, if we talk about rapes committed on the person the rapist knows, the case for men would get even more murkier as many of those cases don't even get reported because of the shame associated with getting involved in such matters 

Also women have to battle other challenges as well for e.g. getting aborted because the parents prefer to have a son 

And I have not implied that women should not be punished but that random comparison should not be drawn   

 

 

More women file false cases against men Like Molestation , rape , 498a etc does that mean women are more prone to misuse law? 

The fact is men are more aggressive and stronger than women so they are in better position to commit crime than women.

 

As far rapes not get reported cannot be an issue in above case because if  a man kill his GF or refusing sex then there definately will be body and that will lead to arrest.

 

As far sympathy factor that women has to go through many challenges etc , does this even qualify for  lesser prison sentence ? 

[zen]

More women file false cases against men Like Molestation , rape , 498a etc does that mean women are more prone to misuse law? 

The fact is men are more aggressive and stronger than women so they are in better position to commit crime than women.

 

As far rapes not get reported cannot be an issue in above case because if  a man kill his GF or refusing sex then there definately will be body and that will lead to arrest.

 

As far sympathy factor that women has to go through many challenges etc , does this even qualify for  lesser prison sentence ? 

I am not sure if I understand your points and/or if you understood mine's. Below is what I wrote about punishment:

"Coming back to the incidence, I think it is a heinous crime. Being under the influence of alcohol is not an excuse. And it was also not a matter of self defense. I guess a punishment of around 14 years (umar quaid) could be applicable in this case" 

 

Coming to the other points of your post:

* It can be pointed out that  if men had known how to behave responsibly, there would be no need for such laws and nothing much for women to misuse. And how is it fair to compare a small percentage of women abusing the law vs. a larger percentage of women getting raped and many of them not even filing a report due to social stigma associated with being raped?

* If men like to take advantage of their strength and are in a better position to commit crime, then something must be done to address the situation. It is not an excuse to a commit crime ("Boys will be boys" type of argument). We don't live in the age where one with a mightier sword was always right 

I am surprised at the random comparisons and comical justifications being made here. Only thing that needs to be said is that it (the crime discussed here) is a heinous crime and should be punished appropriately! 

 

 

 

Edited February 24, 2016 by rett

[Singh bling]

I am not sure if I understand your points and/or if you understood mine's. Below is what I wrote about punishment:

"Coming back to the incidence, I think it is a heinous crime. Being under the influence of alcohol is not an excuse. And it was also not a matter of self defense. I guess a punishment of around 14 years (umar quaid) could be applicable in this case" 

 

Coming to the other points of your post:

* It can be pointed out that  if men had known how to behave responsibly, there would be no need for such laws and nothing much for women to misuse. And how is it fair to compare a small percentage of women abusing the law vs. a larger percentage of women getting raped and many of them not even filing a report due to social stigma associated with being raped?

* If men like to take advantage of their strength and are in a better position to commit crime, then something must be done to address the situation. It is not an excuse to a commit crime ("Boys will be boys" type of argument). We don't live in the age where one with a mightier sword was always right 

I am surprised at the random comparisons and comical justifications being made here. Only thing that needs to be said is that it (the crime discussed here) is a heinous crime and should be punished appropriately! 

 

 

 

I am not sure how you come to conclusion that  only small percentage of women abuse law

53.2 per cent rape cases filed between April 2013-July 2014 false, says DCW

The report says that between April 2013 and July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the remaining 1,464 cases were found to be false.

http://indiatoday.intoday.in/story/false-rape-cases-in-delhi-delhi-commission-of-women/1/409320.html

 

[zen]

 

I am not sure how you come to conclusion that  only small percentage of women abuse law

From my last post: Total women raped = Those who complain + those who don't. This number would be greater than those who misuse the law 

"The number of reported rape cases in India have been steadily rising over the past decade. This, according to researchers, is because more and more women are coming out to report incidents of rape. Nonetheless, NCRB reports state that the number of reported rapes in India are only an estimated 1% of the total number of rapes that take place annually in the country

Link"

If we are to take the data that you gave for Delhi at facevalue (53% false cases) and extrapolate it to the whole nation, the percentage of women misusing the law is 53% of 1% who report such cases .... If you do your math, you will see that those women misusing the law are a minority 

However, from the same link, also note:

• Overall 96% of the rape cases led to charges (in India) and the offender being prosecuted
• A UN study of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported

 

I hope you are not posting for the sake of posting! 

 

 

Edited February 24, 2016 by rett