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Sep, 02
 
Udupi Stripping case - Accused acquitted

Udupi, July 29, 2008: The accused in the episode of de-robing of a father and a son namely Hajabba and Hasanabba of Mulur village, at Aadi Udupi in 2005 which had sent tremors of fear and shame, have been acquitted by the Udupi Fast Track Court in its verdict. The case which has matured in age was heard at the court  today July 29, 2008.

It could be recalled here that some sangh parivar activists had stripped the father and son in the glare of public on that fateful day on March 13 in 2005 for allegedly transporting cattle. They were intercepted by a group of youth identifying themselves as right wing activists and paraded them naked and beaten up. This issue had led to protests and counter-protests by the various groups including Karnataka Komu Sauharda Vedike,  and right wing groups. The incident had also led to a spate of clashes.

 

 

 

 

 

 

 

 


(File Photo) 

The seriousness of the incident had came to light only when the photos were published on the news papers on March 15. A case was registered following which  the accused were booked for rioting, assault, threat to life, dacoity and causing dishonour to human dignity, under Sections 147, 143, 448, 394, 355, 324, 506 (2) and 149 of IPC and 13 persons were convicted of attack and assault on the modesty of two individuals.

One of the accused Manoj Shetty had died in a motorcycle accident recently while 12 others were produced in the court already before the magistrate. They are  Kanthu Poojary, his son Sathish Poojary, Dharma Kumar, Jayantha Shetty, Yashpal Suvarna (who is the counciller in the Udupi Municipality) Jayaprakash, Ram Bhat, Prashanth, Ashok,  Bheema, Sukesh, and Vijay Prakash. Senior advocate of the district M. Shantarama Shetty argued for the accused while Public Prosecutor Shekar Bovi had argued for the defendants.

The prosecution that failed to marshal adequate evidence resulted in the acquittal of all accused. Advocate arguing on the behalf of the accused said that, such incident never took place and the photographs must have been digitally produced as the photographer who clicked the photographs too had denied of witnessing the victims being assaulted.

Delivering the land mark verdict, B. Shivalinge Gowda acquitted all the accused for lack of evidence.

As soon the judgement was heard, the members of right wings busted crackers and  took out a jubilation rally celebrating acquittal of the accused. Members of various Hindu organizations including Yashpal Suvarna, Naveen Bhandari, Harish Ram and Pradeep Kumar were present. Addressing the rally near Udupi bus stand, Vasudeva Bhat vowed to continue their campaign against cow slaughter.

Our Correspondent

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San , India Aug 8, 2008
"Delivering the land mark verdict, B. Shivalinge Gowda acquitted all the accused for lack of evidence". Probably the LokAyuta should check how much money is deposited in Gowdas account to set these terrorists free. Did I say terrorist?? Oh ya. "A radical who employs terror as a political weapon; usually organizes with other terrorists in small cells; often uses religion as a cover for terrorist activities" I guess this is what they did. The Sangh parivar. They should be banned just like SIMI. They have probably killed more people in the riots than the terrorists in the bomb blast.

As for Mr. Prasad's comment, Tit for Tat, and Eye for an eye- I guess its time to parade the 12 accused naked with their sons on the streets of Udupi.
Abid Saligram, Muscat, India Aug 3, 2008
Really we are Tribes. shame to say that we are from that part of India
Shenoy, India Aug 2, 2008
I request all the readers of Mangalorean.com to urge with editor to hand over the whole report along with photographs to any leading TV channel to air the story, to bring into notice about the failure of Law in karnataka.
Clement Coorg/Dubai, India Aug 1, 2008
THESE ABOVE CRIMINALS ARE NOT FIT TO TALK AND CELEBRATE THEIR FALSE VICTORY IN FRONT OF "MAHATMA GANDHI STATUE". NOW, HAJABBA & HIS SON SHOULD GO TO HIGH COURT. SURELY, GOD WILL HELP HIM, IN ALL THE WAY.
Shanth, USA Jul 31, 2008
Guys -- Let me tell you something very real. Few years ago there was a fake rape case charged against few people in Hassan. Local judge punished the people without proper DNA test. After few months higher court did DNA test and came to know that son had sex with mother just to book a case against opponents. When victims went to police to book rape case, police instructed them to have sex first and then go to doctor to get rape certificate. This is real indident happened in Alur Police station of Hassa dist.
omshetty, Kuwait Jul 30, 2008
BEFORE BOMB BLAST IN BANGALORE & AHAMADABAD 50 PEOPLE KILLED I AM NOT SEEN COMMENT BOX FULL.
Khursheed Hussain, UAE Jul 30, 2008
Giving land mark verdict Just.. Gowda killed father and sons faith on justice. No matter they missed the Gowda's justice but God's judgement still there.

Justice Gowda, your verdict followed by the huge celeberation and procession on the streets sent wrong message to the society. Definetely if you delivered the right judgement you will forget the verdict but knowingly made wrong judgement you will always remember this.
Godwin, Dubai (Trasi), UAE Jul 30, 2008
Friends don't be surprised to see our Udupi and Mangalore soon be converted as South Indian U.P and Bihar by this lawless Sangh Parivar.
Why dont govt.ban this organisation for the sake of maintening law and order in the socity.Since BJP is in power so they can withdraw all cases against lawless Sangh Pariver and promote more such cases.
Remy D Souza., Qatar Jul 30, 2008
This incident appears to have received a high handed treatment by the judiciary. I remember in 2005, a prominent news paper of Dakshina Kannada which is also the mouth peice of Hindu fanaticism, reported this incident. Normally the habit of this news paper is to hide such incidents but I was surprised when it reported the muslim father and son being paraded naked. This means that its reporters either witnessed the incident or the Newspaper is sure of the authenticity and gravity of the incident and was hesitant to hide it.

The photograph appears to be caught on a mobile phone camera by curious by-standers and not by a professional photographer and the question that arises is - who in such an impoverished setup would go to the extent of doctoring photographs and releasing to the media the next day ? It is not fair to comment from over-seas without knowing the truth first hand, but one can smell foul play in this case. It is a bit un-nerving to realize that the judiciary can come out with such surprising results in a case witnessed by so many people.
S. D' Souza, Udyavar, Udupi, India Jul 30, 2008
Some of those acquitted I see on the snaps also appear on the snaps on the news item published on the first day of missing of Padmapriya, near the Pajaka pond. So is there any connection? Must be co-incidence I guess....

Secondly, is he the same judge who denied bail to Atul for reasons on the grounds of personal safety? Clearly he has proved himself to be a moron as there is no legal basis for the same. Do I still believe in Indian judiciary? Probably not at the district level. Even the retired high court judge justice Saldanha has openly criticized the verdict on Atul’s bail plea. Why can’t the judges be held accountable for wrong verdicts?

All I can say is, strange things are happening in Udupi. Think people simply do not know how to handle power. “Mangana Kaiyalli MaaNikya!” or is it “Vinaasha kale vipareetha buddi?” High time someone from the top needs to take a closer look.
Chris, UAE Jul 30, 2008
I want all those who were involved in stripping to be taken to court. This is act of shamelessness by the so called group...This is an uncivilised act by uncivilised people and making the civilised people to see how uncivilised the society is.
What were the Police doing and other Public during this action,there is court where any wrong things are been taken into account for punishment, public cannot take law in their hands.
ashishshammy, India Jul 30, 2008
Mr. Prasad, COW AS GOD the same GOD never teached you any HUMANITY, how to treat the HUMEN Bieng, Prasad GIVING COMMENTS IS EASY YOU NEVER HAD SO CALLED GOD??????
Indian, UAE Jul 30, 2008
It looks like police is taking guard for roudies in one of the above pictures...what a dishonour for the for those victims...
Ashraf manzarabad sakleshpur.Saudi arabia, Saudi Arabia Jul 30, 2008
what a shame....
realy it iz death of justice...
mansoor -jeddah, Saudi Arabia Jul 30, 2008
may b some one proud to say we win,(we can see this pic they celebrate) but this is dirty law system show in india, first think who sell cow? and how much money took that lawyer who do everything wrong? great lawyer, before we can see in film only like this type happen but this incident show its possible... congradulation who celebrate this winning movement and especially that lawyer who sell his law.. (shame on u)
vivek, UAE Jul 30, 2008
utter shame on justice....
shame shame.
Achu, Saudi Arabia Jul 30, 2008
R.Pai u named Saudi as back word community. Its clrealy shows lack of knowlege. Visit Saudi once and see personally to know the meaning of backward society.
U. P Hegde, India Jul 30, 2008
Absolutely Shocking and agonizing; my heart sinks when i see two contrasting pictures one of a Father and son STRIPPED NAKED and another of these people celebrating.

Its better to be shot dead than being in such a humiliating position. Fellow Indians just imagine you and your father being in such a position.would you have then said that these pics were manipulated?

These people cannot represent my community and we civilized and literate people CANNOT afford to let these kind of inhuman people represent us.

Let me remind Prasad that 'Tit for Tat' is not the solution only DIALOGUE is.... if you are thinking that this is right then i am afraid brother ;YOU have a crude mentality and this treatment of a Human being is not worth it for an animallets see things from a mature point of view.
Ibrahim Hussain, India Jul 30, 2008
Advocate arguing on the behalf of the accused said that, such incident never took place and the photographs must have been digitally produced as the photographer who clicked the photographs too had denied of witnessing the victims being assaulted.

First of all, the law should punish the advocate one who tell lies in the broad light at hon’ble court that no such incident happened, secondly, the judge, saying no evidence.

I would like to mention here an example, Mr. Atul Rao was denied bail just for his life is in danger as a reason said by the judge. How the Judge came to know his life is in danger and what is interest of Judge on Atul Rao's life. When applicant is filed bail petition, why State or judge is worried about life of Atul Rao, how funny it is.

In this stripping case, CoD misplaced the original negatives of photo shots and the witnesses were threatened or tampered at the behest of Home Minister, Local MLA, Seer of Udipi, Radical Saffrons. This is how the legal system works in our country.

I have a question here to R. Pai, (as I understand from your several quotes, you are advocating in this forum on Miscreant/hooligans/Radical outfits of Saffron brigade) how long these Saffron hooligans go on humiliating Muslims, and is there a limit for tolerance. Muslims are targeted by the Saffron radicals throughout India and are instigating enmity with Hindus/Muslims in different means that resulted bad relationship between the both communities I hope you may understand now what I mean.
Abu Hamza, Kudroli, UAE Jul 30, 2008
Shame on those who celebrated this as victory, they are against human being and worse than the act of terrorists. Still some people support them?? Amazing! what type of society BJB/RSS parivar going to build?? this are one of the causes of breeding terrorists. Law should be equal to all the citizens. We can imagine what type of skin Mr. prasd has..
Abdul Malik, Saudi Arabia Jul 30, 2008
This incident was witnessed by hundreds of people of AADI Udupi(Uncivilised, NOT ALL). Once these COW Boys were attempted to set fire on the vehicle (locked the people inside) which was carrying Beef. you have every right to protect the law but not to taking the law into the hands.
Nagendra Shenoy, India Jul 30, 2008
The photographer denied of witnessing the victims being assaulted.

I fail to understand what was he doing there in that case? Might have been clicking those photographs to send them on to some International Photgraphy Gallery.
Rajiraj, India Jul 30, 2008
This is just the beginning... there is lot more to come... BJP ruled Government. I am asamed to tell that i follow the BJP ideology & even was a part to bring them to power. i hope someone will open there eyes.....
Prasad, India Jul 30, 2008
Those who have commented here never spoke about the law against cow slaughter. When there is law not to do so, why those victims did transport cows that too at night?
One of them says beef is delicious. Why don't he think of people worshipping Holy COW as Goddess.
This is jus a Tit for Tat. Thats all Nothing else. And its a lesson for all engaged in cow slaughter (irrespective of caste and religion).
Jeevan Alevoor, India Jul 29, 2008
I wish everyone goes through the detailed judgement by Hon'ble Judge.

He has indicated that there is a high chance the photo was manipulated using computer graphics and it could not be verified it is a real photo.

Photographer who took the photo - Umesh Marpally - is a well known paparazzi in Udupi who acts as stringer for many newspapers. He was also once caught taking photo inside Manipal hospital of naked patients.

Considering all this I think judge made a right decision. These days it is hard to believe what comes in media so one cannot accuse and hang anyone based on some altered photograph. Justice simply does not work that way..
R.Pai, USA Jul 29, 2008
By any standards, this is a tragedy. Truly ashamed of our system. Especially the 'lack of evidence' and 'digital editing' of photographs - we all know what would have gone behind the scenes.

We all can have our differences and disagree on various topics. But the 'trial by mob' is something that we all should discourage and prevent. Otherwise, what's the difference between us and those radical/backward societies like Afghanistan or Saudi?
Roshan Pais, India Jul 29, 2008
Well ... shall we say India is shining or father forgive them...?
Chief minister et al: its your responsibility to control the hooligans so as not to give scope to oppression of minorities. More things are possible with impartial justice than protecting radical groups - irrespective of religion.

If there is a law against cow slaughter - those who are guilty should be brought to justice and not dealt by hooligans of Udupi.

Well as for me I love Beef. Its delicious so is chicken, Mutton and Pork.

I feel ashamed to see people in jubilation - bursting crackers to justify that they were right. Is this our culture?
bharath shetty Kateel, USA Jul 29, 2008
Utter shame!!! Death of justice!!
Shenoy, India Jul 29, 2008
It has pained me deeply to see the indignity meted out to the two people in the picture, father and son.Nothing could be more humiliating and painful than that.The picture is there for everyone to see.Some one has obviously done that in public.

No one defends the 'crime' or the supposed crime of cow slaughter. Is it OK to have beef dishes in the restaurants? Is it that the cows had committed suicide and not slaughtered?

This is an act of shame and I feel ashamed to see it. I have no words to describe my angry feelings against abuse of human rights.

Like Jesus said,' father, forgive them for they know not are they are doing'
 
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