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  #1  
Old October 17th, 2006, 03:58 AM
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Thumbs up Justice at last!!! - HC convicts Santosh in Mattoo murder case

Priyadarshini Mattoo

HC convicts Santosh in Mattoo murder case

NEW DELHI: The Delhi High Court on Tuesday convicted Santosh Kumar Singh, son of a former IPS officer, in the sensational case of rape and murder of Priyadarshni Mattoo.

He was convicted on both counts of rape and murder.

Allowing the CBI appeal against the trial court verdict acquitting the accused, a Bench comprising Justice R S Sodhi and Justice P K Bhasin said "the acquittal order passed by the trial judge in 1999 has shocked the conscience of the judiciary."

The Bench said it would prescribe the sentence of death or life imprisonment to the convict after Diwali vacation.

The court ordered CBI to take Singh, who was present, into custody forthwith.

Source: TOIlet Paper

Santosh, the maader


Santosh's Fatherl, obstructor of Justice, no punishment for him???



Priyadarshini Mattoo was a 23-year-old law student when she was raped and murdered a decade ago. She would have been a vibrant 33 today. So many difficult years after the young woman’s brutal murder, her stalker and assailant has been convicted by the Delhi High Court.

Her father Chaman Lal Mattoo, who waged a relentless war to see justice done, has called the judgment a "step in the right direction." That the "common people in the country can now breathe with ease".

When Santosh Singh, the son of a high-ranking police officer, was acquitted by a trial court for lack of evidence, the entire country was plunged into despondency. Especially when the judge said he knew the accused was guilty but did not have the requisite evidence.

The Mattoo case drew celebrity and common people alike in the quest for justice. There are other high-profile cases pending all over the country and families of victims will draw courage from Tuesday’s verdict. But Priyadarshini will not come back. And Chaman Lal Mattoo has aged while fighting for something that should have come in the natural course of things.

Justice has finally been done: Mattoo's fatherhttp://images.photogallery.indiatime...s?msid=1672952
[ 17 Oct, 2006 1512hrs ISTPTI ]

NEW DELHI: "Finally justice has been delivered," said an exuberant Chaman Lal Mattoo on Tuesday on hearing of the conviction of Santosh Singh for raping and killing his daughter Priyadarshani Mattoo 10 years ago.

"I can't express myself. I have no words to express how I feel," Mattoo, who is in Himachal Pradesh, said on phone.

"Justice has been done. Common people in the country can now breathe with ease. This is a step in the right direction," said Mattoo, who broke down while giving his reaction.

His family members asked Mattoo to cut the conversation short as he is suffering from high blood pressure, but he added, "My daughter cannot come back. But at least, her soul will be in peace today."

Mattoo thanked CBI Director Vijay Shanker for taking personal interest in the case.

Indu Jalali, a close friend of Priyadarshani, who had been monitoring the case from the beginning, said she had no words to express her joy that justice had finally been done.

"Though delayed, at least justice has been done," she said.

Santosh Singh, son of a former IPS officer, had been acquitted by a lower court in 1999 during the trial of the case related to the brutal rape and murder of Priyadarshini. The CBI's review petition came up for hearing in August in the Delhi High Court, which on Tuesday convicted Santosh for both rape and murder.
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Old October 17th, 2006, 05:31 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Atleast this should serve as a deterrent to those who believe they are above the law adue to their " Ghooskhor bureaucrat/IPS/IAS father " .

However, why 10 years ? When everyone works under deadlines in today's world m, why is there no reasonable deadline to judges ( say 6-12 months depending on the prima facie complexity of the case ) ?

Justice delayed is Justice denied ...now can we see something happening soon to Jessica Lall and Nitish Katara cases too ?
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Old October 24th, 2006, 01:07 PM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Quote:
Originally Posted by Soorma Bhopali
Atleast this should serve as a deterrent to those who believe they are above the law adue to their " Ghooskhor bureaucrat/IPS/IAS father " .

However, why 10 years ? When everyone works under deadlines in today's world m, why is there no reasonable deadline to judges ( say 6-12 months depending on the prima facie complexity of the case ) ?

Justice delayed is Justice denied ...now can we see something happening soon to Jessica Lall and Nitish Katara cases too ?
i agree, there shd be a reasonable deadline. but with 30 odd million cases pending in the dockets (the last time i checked), what are the poor judges going to do? take up the pending cases right from the 50s and 60s onwards first or take the new ones up?! they need to recruit more judges, have more courts. and have all the newly filed cases heard on a strict time bound basis.

glad for this verdict. may the sould of Mattoo RIP.
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Old October 25th, 2006, 06:54 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Quote:
Originally Posted by lawgirl707
i agree, there shd be a reasonable deadline. but with 30 odd million cases pending in the dockets (the last time i checked), what are the poor judges going to do? take up the pending cases right from the 50s and 60s onwards first or take the new ones up?! they need to recruit more judges, have more courts. and have all the newly filed cases heard on a strict time bound basis.

glad for this verdict. may the sould of Mattoo RIP.

How about cleaning up the India judicial system first? Getting rid of some of the idiotic Indian civil code? How about getting rid of the seperate civil codes for minorities? I bet that would really do a lot to clear the dockets.
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Old October 25th, 2006, 10:12 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Quote:
Originally Posted by krishna
How about cleaning up the India judicial system first? Getting rid of some of the idiotic Indian civil code? How about getting rid of the seperate civil codes for minorities? I bet that would really do a lot to clear the dockets.

You know what you're right. It always wonders me why do India have seperate civil codes by religion?
Why can't they have uniform civil code like US? Why seperate marraige and divorce laws for muslims?
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Old October 27th, 2006, 09:12 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Quote:
Originally Posted by krishna
How about cleaning up the India judicial system first? Getting rid of some of the idiotic Indian civil code? How about getting rid of the seperate civil codes for minorities? I bet that would really do a lot to clear the dockets.
thats a whole issue in itself, krishna. minorities form a significant chunk of the vote bank - these are the people who give the members of parliament their seats - who in turn make or break the law. they want the lenient side when it comes to marital laws (4 wives ok, etc.) whereas they don't want the sharia criminal law to apply coz that would mean capital punishment in all its glory. and who has the power to change all that? the very same people who bank on minority votes.

and not to be outdone, there's the reservation policy too - quota system for every possible position available in public sector jobs. don't even get me started on that.

it is truly a vicious circle...
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Old October 30th, 2006, 03:42 AM
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Priyadarshini Mattoo case: Santosh Kumar Singh gets death penalty

I really feel very good to inform the forum members, that finally the justice has been done.


October 30, 2006 15:14 IST
Last Updated: October 30, 2006 16:52 IST
The Delhi high court on Monday awarded the death sentence to advocate Santosh Kumar Singh, convicted for commiting the rape and murder of Priyadarshini Mattoo, a Delhi University law student, eleven years ago.
Pronouncing the judgment in a jam-packed court room, Justices R S Sodhi and P K Bhasin ordered that "he (Singh) shall be hanged till death."
The court said he deserved nothing other than capital punishment.
Singh was arrested in 1996 and tried, but the trial court headed by G P Thareja gave him the benefit of doubt and acquitted him of the charges.
"He does not deserve to be pardoned. This is rarest of the rare cases," Justice R S Sodhi and Justice P K Bhasin said in their judgment.
The Delhi police had brought Singh to the court under heavy security and waited outside while the defence counsel and Central Bureau of Investigation advocates argued over the quantum of punishment.
Singh's face fell when he was told that the court had given him the death sentence. He is likely to challenge the judgment in the Supreme court.
Dressed in grey trousers and white shirt, Singh, a practising lawyer who is married and has a child, was crestfallen when the court handed down the verdict.
Singh was acquitted by the Sessions Court in 1999, a judgment that was described as "perverse" by the high court.
The Sessions Judge G P Thareja had held that though he knew that Singh had committed the murder, he was acquitting him because of lack of evidence.
The order by the high court division bench on Monday came after three-hour long arguments by the defence and prosecution over the quantum of sentence.
"We are of the opinion that a case of this kind in which the crime is committed in a pre-meditated way and grotesque manner, the convict deserves nothing other than death penalty," the bench observed.
The Delhi high court had convicted him on October 17.
Singh had been stalking Priyadarshini Mattoo for nearly two years following which she had lodged a complaint at two different police stations.



Full Story:
http://www.rediff.com/news/2006/oct/30mattoo.htm
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Old October 30th, 2006, 07:58 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Hmm.. Some questions come to mind -
1) When a lower court acquits a defendant owing to lack of evidence, how can a higher court re-try the defendant and then hand him a tougher sentence?

I understand that in India evidence can be manipulated, etc. but its the same even in the numero uno country in the world - USA! Remember the O J Simpson trial, the Robert Blake trial, and so many others - the laywers used all tricks and finally convinced the jury that there was reasonable doubt or there was no guilt at all. Most Americans believe that O J Simpson is not innocent, but the law here says that there can be no double jeopardy - you cannot try or punish a preson twice for the same crime. So O J Simpson walks free.

This guy who killed this law student might be 100% guilty and maybe the lower court should have sentenced him to jail time or whatever, but how can upper courts again retry and then mete out a punishment just because it sounds good in the media and there is some sort of 'vengeance' taken on part of the victim.

I am not siding with the accused, but imagine this - You are in India on a visit. By mistake you crash your car into some person and that person unfortunately gets injured a lot. Now you are hauled off to court and then you are sentenced to say, 1 month in jail and a 10,000 rupees fine. You pay up the fine, then you do your jail time and you are free. Next you hear is that this person now developed gangerene or somehting due to the accident injury. The media makes a big hue and cry - "NRI causes Gangere Poor man will never walk again! Where is justice??" You are then again hauled into a higher court and the judge says -"You are so sick. You deserve 10 years rigorous imprisonment." Your sorry ass is hauled off to jail. The media feels its all so nice. Justice is served. All feel happy and you sit in your cell cursing the decision to drive in India on your short trip back home.

I sometimes feel that our courts have very activist judges who are swayed by the media and not by real justice and law.
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Old October 30th, 2006, 08:55 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

Quote:
Originally Posted by echarcha
Hmm.. Some questions come to mind -
1) When a lower court acquits a defendant owing to lack of evidence, how can a higher court re-try the defendant and then hand him a tougher sentence?

I understand that in India evidence can be manipulated, etc. but its the same even in the numero uno country in the world - USA! Remember the O J Simpson trial, the Robert Blake trial, and so many others - the laywers used all tricks and finally convinced the jury that there was reasonable doubt or there was no guilt at all. Most Americans believe that O J Simpson is not innocent, but the law here says that there can be no double jeopardy - you cannot try or punish a preson twice for the same crime. So O J Simpson walks free.

This guy who killed this law student might be 100% guilty and maybe the lower court should have sentenced him to jail time or whatever, but how can upper courts again retry and then mete out a punishment just because it sounds good in the media and there is some sort of 'vengeance' taken on part of the victim.

I am not siding with the accused, but imagine this - You are in India on a visit. By mistake you crash your car into some person and that person unfortunately gets injured a lot. Now you are hauled off to court and then you are sentenced to say, 1 month in jail and a 10,000 rupees fine. You pay up the fine, then you do your jail time and you are free. Next you hear is that this person now developed gangerene or somehting due to the accident injury. The media makes a big hue and cry - "NRI causes Gangere Poor man will never walk again! Where is justice??" You are then again hauled into a higher court and the judge says -"You are so sick. You deserve 10 years rigorous imprisonment." Your sorry ass is hauled off to jail. The media feels its all so nice. Justice is served. All feel happy and you sit in your cell cursing the decision to drive in India on your short trip back home.

I sometimes feel that our courts have very activist judges who are swayed by the media and not by real justice and law.
I think lawgirl or any other lawyer would explain this better but here is what I know happens. Lets take this case into consideration. First the case is tried in the lower court, the lower court gave the verdict of 1 month imprisonment. The prosecutor, not satisfied by the verrdict would take the case to higher court. First, high court decides if the case should be filed in high court or not. If accepted, then the trial occurs in high court. In high courts the whole trial doesn't occur in the sense that all the melodrama that happened in lower court does not go on. The lawyers at high courts would look at the transcripts of the case that happened in the lower court and would call witnesses only if the judge decides if there is any inconsistency with the statements. What lawyers would argue in the high court is on the basis of what was presented at the lower court. All this time the defendant is free, although he have been charged by lower court. Then higher court comes with the verdict of 10 years. So now the defendant would get 10 years of prison and not 1 month as decided by lower court.

In Mattoo case what might have happened is that the lower court judge gave the verdict of not guilty. The prosecutor took the case to higher court, they looked at all the evidence and witness testimonies presented in the lower court trial and examined the witnesses again and came with the conclusion of death penalty. So, it is not the case of a person being tried for the same crime again but it is the ongoing trial just shifted to higher court. The same happens here is US too. Thats what higher courts and Supreme courts do.
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Old October 30th, 2006, 09:11 AM
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Re: Justice at last!!! - HC convicts Santosh in Mattoo murder case

I believe it works both ways. Just as if the defendent is given a sentence and his defending lawyers can then appeal to higher courts, so can the prosecuting lawyers (and/or the victims) can appeal to high courts. If Echarhi pai, if you say that what happens is not correct then it is incorrect for both parties to appeal. Is that good?

Edit: And that's why this advice... if you get indicted and sentenced in such a case, the moment you do your time... get the hell out. Go as far away from wherever you are... start a new life... new name... new wife... the whole nine yards. Just finished reading a John Grisham's novel (The Chamber) and this is essentially the moral of the story.
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Last edited by Sane Less; October 30th, 2006 at 09:14 AM.
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