An appalling Chhattisgarh High Court verdict

Written by: Aarthi Ramnath, Raghav Bikhchandani & Yash Budhwar

Content warning: The item below contains descriptions of rape and abuse.

An appalling Chhattisgarh High Court verdict

The Court has acquitted a man of both rape and murder in a case where his wife died due to injuries caused by anal penetration.

The case: In December 2017, the accused—a driver named Gorakhnth Sharma—sexually assaulted his wife before leaving for work. She later complained of pain and passed away in hospital:

In her dying declaration, recorded before a magistrate, the victim alleged that Sharma had inserted his hand up her anus, following which she had suffered pain. The woman was admitted to hospital for treatment, from where a report was made to the police station concerned and the offence under IPC Section 377 (unnatural sex) was registered against Sharma.

Reminder: ‘Dying declaration’ includes statements and information taken from a dying victim—and is viewed as admissible evidence. The Supreme Court ruled last year that a ‘dying declaration’ can be the sole basis for conviction, as long as the court finds it ‘trustworthy’ and ‘inspires confidence’.

What happened next: In February 2019, a local trial court convicted Sharma of “unnatural sex, rape and culpable homicide not amounting to murder, and sentenced him to 10 years’ rigorous imprisonment, and a Rs 1,000 fine.” He appealed the verdict in the High Court.

What happened now: The Chhattisgarh High Court set aside the conviction ruling that a) Sharma did not rape his wife, and b) his actions did not result in culpable homicide. As a result, Sharma was acquitted of all charges.

How did he get away with rape? Because marital rape isn’t considered an offence in this country. As legal expert Gautam Bhatia has previously explained, Section 375 clearly lays out what constitutes rape—and then arbtirarily creates an exception to the crime. In effect, it shields one specific category of criminals—i.e. husbands—from prosecution:

“To take a parallel example: Suppose that Parliament passes a law defining the offence of murder, and then adds an exception stating: ‘Provided that homicide is not murder if committed by any member of the ruling political party.’ It would be absurd to say that a court cannot strike down such a blatantly arbitrary law, because to do so would be to ‘create a new criminal offence for murder.’ It would not—it would only remove an unconstitutional shield that a class of offenders was illegitimately enjoying thus far. The same is true for the marital rape exception.”

But here’s the truly enraging bit: “The court noted that the definition of rape under Section 375 includes penetration of the penis into any body part, including the vagina, urethra, or anus”—hence, Sharma’s action does not constitute a crime. In other words, a law framed to protect women from a broad range of sexual crimes was used to exonerate him.

How did he get away with murder? Ok, so the rape law let Sharma off the hook–but his actions still resulted in murder—as clearly stated in the ‘dying declaration’. Her claim was confirmed by the post-mortem examination that stated her cause of death as peritonitis—an infection in which tissue in your abdomen is inflamed—and this:

[T]he doctor who had conducted a postmortem of the deceased’s body had said there were “two perforations on the rectum”, one on the anterior side and another above the pelvic floor, causing him to conclude that the victim died.. as a result of the same.

What the High Court said: It dismissed the dying declaration—saying it was not sufficient for conviction “as there is no corroboration from other evidence.” FYI, the defence lawyers pointed to witnesses who said that “the victim was suffering from piles soon after her first delivery, on account of which there used to be bleeding from her anus and pain in abdomen.”

The truly enraging bit: The executive magistrate who received the dying declaration admitted in trial court that he had not recorded the anal assault in the written version—for reasons that are unfathomable.

The big picture: This is an open-and-shut homicide case that ought to have led to a conviction—irrespective of the laws on marital rape. That said, it also shows us why there is an exemption for sexual violence—even if it results in death—for husbands in India. The Print and Bar and Bench offer the best reporting on the case and the court verdict. You can read the full judgement here. We did an excellent Big Story on why Indian law exempts marital rape—and why it is being challenged.

Elephants in crisis: the causes behind rising conflicts

The context: Since 2016, wild elephants have killed 192 people and seriously injured 216 in Kerala. OTOH, the state’s forests have seen 845 elephant deaths from 2015 to 2023, with studies showing a growing death rate over the years. The escalation of human-animal conflict is, of course, a result of deforestation and loss of habitat.

What happened now: Four people have been killed over 48 hours in encounters with wild elephants in Kerala. The deaths have resulted in a political row—with the Opposition accusing the state government of not doing enough to protect farmers and plantation workers. The government, in turn, blames the surge on the season:

Meanwhile, Forest Minister A.K. Saseendran told the Kerala Assembly that wildlife intrusions into human habitations for water and forage often peaked during summer. On February 1, the government initiated a campaign to supply food, fodder, and water for wild animals in their natural habitat, aiming to reduce the frequency of incursions into populated areas and farmland, he pointed out.

What no one is talking about: The declining numbers of elephants. The population dropped from 1,920 in 2022 to 1,793 in 2023. There are now only 0.19 per square kilometre—as per the last count. So it’s not exactly a problem of having “too many” elephants in Kerala.

The real elephant in the room: Destructive development. It has blocked elephant corridors into neighbouring forests in Tamil Nadu and Karnataka. And eaten away at land bordering reserves in Kerala. For example, farmers in Kerala have taken to cultivating on fields traditionally used by elephants for grazing. Also this:

“The new-age farmers are rubber barons who purchase land in fringe areas, because it is cheap. They are businessmen first, farmers second. They are not attached to the forest buffer zone in any emotional way… In market-intensive farmlands, every penny counts. And a giant mammal is a stumbling block to their ease of doing business.”

Reading list: The Hindu has more on the recent deaths. We did a detailed story on elephant deaths in Kerala. Also read: This excellent deep dive from Mint.

Great Nicobar project: The latest update

The context: In 2021, the government proposed a Rs 750 billion (75,000 crore) ‘Integrated Development Project’ on Little Andaman and Greater Nicobar islands. The Greater Nicobar plan is spread over 1,044 square kilometres of the largely uninhabited and remote parts of the island. It consists of four components: an international container terminal; an international airport; a 450-MVA gas and solar power plant; and a township. Taken together, they will require 166 square kilometres of land—or 18% of the island—including nearly a quarter of the coastline. It raised instant alarm among conservationists and tribal rights activists (explained in greater detail in this Big Story).

What happened now: The Hindu investigation uncovered new information from two different sources. One is minutes of a planning meeting held on October 4, 2024. The other is a series of letters exchanged since April 2024 between the Ministry of Ports, Shipping and Waterways, the Ministry of Home Affairs—and the Andaman and Nicobar Administration.

The meeting minutes: exposes the absurd and destructive planning that is driving this project. The initial development plan estimated that around 8.65 lakh (865,000) trees will be cut in a 130 square meter area. However, recent estimates put out by scientists put the number at one crore (10 million). In other words, the forest and environment clearances were given based on bad information.

But here’s the kicker revealed in the meeting: The project leaders have absurd plans to cut and burn these trees for “power generation.” As Frontline eloquently explains it:

The forests of Great Nicobar are an unexplored biodiversity treasure trove besides being the traditional home to communities such as the Shompen, whose survival is intricately linked to these forests and who have special status under Indian law. Suggesting that millions of these trees be burnt for power generation is akin to someone entering a library and lighting up rare manuscripts for the evening barbecue or bulldozing an ancient temple and crushing the stones for use in road construction.

Making things even more comical: “The idea of a wood-fired power plant, bizarre as it might sound in today’s era, is not even part of the proposal.”

As for the internal documents: They reveal a new demand for an extra 100 acres of land with 500 metres of seafront for ship-repair and ship-building facilities. Because why not expand the scope of devastation while you can. We strongly recommend you read the Frontline investigation—which is behind a leaky paywall.

what caught our eye

Modi’s trip to the US

Modi touches down in Washington on Thursday for high-stakes talks with Trump, as India eyes clarity on trade, immigration, and the "America First" agenda.
As Modi mulls Musk’s India entry, Starlink sets up shop next door in Bhutan, dodging India’s red tape and security roadblocks.
Trump is set to slap reciprocal tariffs ahead of his Modi meet, doubling down on his claim that other nations have been "ripping off America."

business & tech

Surprise, surprise: the Adani Group profited after India relaxed security protocols along Gujarat’s border with Pakistan—in order to grant them a renewable energy park project.
The government has abandoned plans to rule out a strict e-commerce policy to regulate big tech companies—because it’s worried about Trump’s response.
New York Times (splainer gift link) has a good read on how Chinese start-up DeepSeek built its A.I. on a budget, using tech tricks like "mixture of experts" to cut costs.
Thomson Reuters has won a copyright infringement lawsuit case it had filed in 2020 against legal AI startup Ross Intelligence, over copying of legal research content.
Tesla’s stock slump has wiped nearly $90 billion off Elon Musk’s net worth, dragging it back under $400 billion after a December high.
TechCrunch has a must-read breaking down how ChatGPT may not be as power hungry as once thought—due to faster models and more efficient chips.

sports & entertainment

The Super Bowl keeps setting records with every passing year—this time 127.7 million people tuned in to the event on Fox, the largest in history for a single-network broadcast.
Sticking with Super Bowl, The Root delves into the really messy backstory behind Serena Williams’ crip walking dance moves with Kendrick Lamar at the halftime show.

health & environment

The Economist (login required) has a good read on how India's booming economy is piling up trash—and what it’ll take to clean up its filthy cities.
Trump’s gift to the environment: Coca-Cola is bringing back plastic bottles to offset rising aluminum costs from his import tariffs.
According to a new study, people taking semaglutide drank almost 30% less, on average, on days they consumed alcohol.
A controversy is brewing in Nepal—over constructing touristy cable car routes through ecologically sensitive areas. Mongabay has more.
The Atlantic (splainer gift link) dives deep into the sobering life expectancy numbers for ADHD—nearly seven years shorter for men, and nine for women.

as for the rest

Israel has warned it will scrap the Gaza ceasefire if Hamas doesn’t free hostages by Saturday, as tensions rise over stalled prisoner releases.
In an exclusive from Wall Street Journal, Israel sees a window to strike Iranian nuclear sites as U.S. intelligence warns Tehran is more vulnerable near the end of Biden’s term.
Barely a month into the Trump administration, the New York Times has an unusually sympathetic article on Russian soldiers and civilians.
Former Congress MP Sajjan Kumar has been convicted for killing a Sikh father-son duo during the 1984 anti-Sikh riots. FYI: he is already serving a life sentence in connection with a separate murder case from the riots.
In typical Trump-ian fashion, the White House has banned an Associated Press reporter from accessing the Oval Office…because AP still calls it ‘Gulf of Mexico’ instead of ‘Gulf of America’.
Hate speech against minorities in India surged 74% in 2024, peaking during elections—98.5% of incidents targeted Muslims, with Modi and Shah among the most frequent offenders, says India Hate Lab.
UN report accuses the Hasina government of "serious revenge violence," linking it to 1,400 deaths during student protests—minorities and Awami League officials allegedly targeted.
Supreme Court rejects Indrani Mukerjea’s bid to travel abroad, orders trial in the Sheena Bora case to wrap up within a year.
Supreme Court says no child will be denied education as it hears plea for Rohingya refugees’ access to public schools—even as it wants details on where they live and their status.
In the latest episode of the BeerBiceps controversy, Samay Raina wipes all 'India's Got Latent' shows off Youtube, saying he just wanted to make people laugh and will cooperate with authorities.
NASA is fast-tracking Crew-10’s launch to March 12, freeing up a ride home for Suni Williams and Butch Wilmore—who’ve been stuck at the ISS since last summer.
Marc Fogel is back on US soil after three years in a Russian prison—his 95-year-old mother lobbied Trump for help just minutes before his assassination attempt in Butler, Pennsylvania.
The Wire has a good read on why Gujarati migrants are fleeing the so-called ‘model state’—turns out, it’s hard to stay when there just aren’t enough good jobs.

Three things to see

One: Everyone is talking about Elon Musk’s Oval Office presser—conducted with his four-year-old son running amok—and annoying a sidelined Donald Trump. This comes on the heels of the TIME magazine cover that showed him sitting behind the presidential desk. Donald Trump ko gussa kyon aata hai? Lol. (CNN)

Two: Remember ‘Hind’s Hall’? The song by rapper Macklemore which took aim at Biden—for supporting Israel. The artist has dropped a new song titled ‘Fucked Up’ which calls for a revolution, taking a dig at Trump and his cronies, and drawing parallels between the Gaza war and the Holocaust. See the music vid below.

Three: This year’s edition of Westminster Kennel Club Dog Show in New York City’s Madison Square Garden featured over 2,500 dogs from more than 200 breeds. Here are our favourite plays and pics.

The big winner: Monty the Giant Schnauzer, who made history as the first of his breed to ever win the top honour. More on his winning moment on the floor here.

Also see: this ’Sterling’ performance from the winner of the Masters Agility course:

Though there’s always time to smell the roses:

A dog medley is always welcome:

And who could look away from these eyes!!

USA Today has the roundup of all the winners. There’s plenty more multimedia on the Westminster Kennel Club’s X account and New York Times.