THE LANDMARK CASE-PRIYADARSHINI MATTOO

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    INTRODUCTION-PRIYADARSHINI MATTOO

    If a woman says no that means it’s a no. but some people do not understand, this notion and tries to go with their madness. The woman is not a toy, she is a living being, she too has her right to decide and do what she feels right.

    If a woman is not interested in a man, then a man must not follow her, otherwise, such a person can book under stalking as mentioned in section 354D.

    No man has the right to show his bad intention through vulgar signs or proposing her in public or showing the dominancy, in that case, the woman has the right to complain against such act through harassment of women as stated in section 354 A.

    If such offenses are repeated again and again after filing FIR in the police station then, can take help from the national commission for women (NCW) for help from the committee will help the woman to take action against stalking and harassment.

    Women have the right to approach a legal aid for a free lawyer and the right to approach the court for protection.

    Woman consent matters, no man can compel her to fall in love, or marry him.

    BACKGROUND

    Priyadarshini Mattoo, a girl who studied in Srinagar and completed her b.com graduation from Sri Nagar. Later, with her family, she settled in Delhi and took admission in LLB from Delhi. With this in the same college, there is a man named Santosh Singh, a well-reputed person, his father was an IAS officer, pursuing LLB, a senior student.

    Santosh Singh falls in sided life, and later tries to follow her at public places and home by his bike, and at public places many times tries to harras her. This stood Priyadarshini to take strict action against the offender, and Priyadarshini with the help of her family forged an FIR against Santosh Singh.

    With so much intimidation and complaints by the victim and no action is being taken against Santosh Singh, by filing promissory note that will not repeat the same mistake, police leave him without any punishment or investigation.

    To take revenge on Priyadarshini, Santosh Singh tries to insult her and defame her image at university for filing a fake complaint against her, that she was pursuing two degrees together one is M.COM and the other is LLB. But later she sages documents and proves that she does not have any dual degree while pursuing law and same submitted to Dean of the university.

    The deputy police commissioner by request from the Priyadarshini Mattoo seeks protection against the accused, later the deputy commissioner appointed the security guard for the protection of Priyadarshini.

    However for sometimes, the situation was under control, but on 23rd January came to Priyadarshini’s house for settlement, but accused raped him and tied her neck with an electric cable and killed her and ran away from the house.

    After the arrival of the guard, the woman was found dead inside her double bed.

    The parents of the deceased blame Santosh Singh for the murder and rape of her girl.

    The case was registered against the accused but, a complaint was filed by the police stating the unknown person murdered her daughter.

    With this, the charges were framed under sections 302 and 161 of IPC.

    TRIAL COURT

    The father of Priyadarshini demanded CBI investigation in collecting the evidence, on 11th April 1996, the charges were framed against the accused under section 302 and 376 of the Indian penal code.

    On 11th August 1997, the first proceeding of the case began, and on 3 January 1998, 50 witnesses were called in the court.

    On 3rd December 1999, the trial court gave the verdict by setting Santosh Singh accidental free against the charges and there is a benefit of the doubt against Santosh Singh whether he was present or not or did the murder.

    The CBI fails to deliver the facts properly, by showing sand DNA report was not permitted in the court, as stated under section 45 of the Indian evidence act, 1972.

    The DNA submitted by the CBI shows the fingerprint of the accused on the body of the deceased Priyadarshini.

    HIGH COURT-VERDICT

    On 29th February 2000, after 6 years high court listen to the proceeding back to back to deliver justice on time.

    On 30 October 2006, the high court of Delhi, declares that the accused was held guilty of the death sentence on the ground of section 302 and 376 of IPC,

    ROLE OF MEDIA

    With this, the public outcry to provide justice to Priyadarshini has made CBI again file the case for appeal at the High Court of Delhi. The father of Priyadarshini Mr. Chaman Lal Mattoo, approach to media and newspaper for help, and with this media trial came into action, this was the first time when a case was heard based on back to back in court.

    Due to the pressure of media, the judgment was delivered by the High court within 42 days.

    SUPREME COURT

    The accused filed the appeal to Supreme Court, under section 379 of Cr. PC and later on 6th October 2010, the judgment of high court overruled by Supreme Court, the punishment of death sentence converted into life imprisonment.

    HIGH LIGHT

    The case came into highlight ones again when the accused get permission to came out from semi-open jail for good behavior and granted permission to get out on payroll for 3 weeks to give LLM exam and daughter’s birthday.

    With this, the case once again came into the highlight, even when a person conducted a heinous offense, with his good behavior in jail, would such a person should get permission to come out?

    CONCLUSION

    Any source of money and power cannot shrine the power of truth. The truth shall prevail even if it took a long time to come. With this, the condition of women in male dominating society must be preserved by implementing the prevention of sexual harassment act, 2013.

    The dignity of the woman shall be the duty of the state to preserve and every woman has equal right before the law to get justice or the decreased women’s relative and parents too have the right to get justice on behalf of the woman.

    For any heinous offense, the person shall be liable to strict penalties so that it became a lesson to others. Anyhow the dignity of the woman shall be preserved. If police forces and other authorities must not do tampering with the documents or pieces of evidence, that could lead to delay injustice.

    It started with a bribe and ends when the person wearing the uniform stops taking the bride against the life of the woman. An officer has to protect the victim at any cost so that such a case cannot happen again in the future.

    BIBLIOGRAPHY-

    https://blog.ipleaders.in/need-know-priyadarshini-mattoo-case/

    https://en.wikipedia.org/wiki/Priyadarshini_Mattoo

    other case lawshttps://legalacharya.com/lawoftheland/afzal-guru01-legal-acharya/

    case analysis-https://legalacharya.com/caseanalysis/internet-case-legal-acharya-01/