Wrongly Convicted Database Record
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Charge: |
Insultating or humiliating a person in public |
Sentence: |
6 months & ?500 rupee fine |
Years Imprisoned: |
0.33 |
Year Crime: |
2000 |
Year Convicted: |
2001 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Maharashtra |
City of Crime: |
Pune |
Result: |
Judicially Exonerated |
Summary of Case: |
"Usha Tanpure was wrongly conviced on January 15, 2001 of insulting and humiliating a man in a public place in Pune, India. In the fall of 2000 Tanpure wore a nightgown to her work on a holiday. A man ridiculed her attire, and she was alleged to have responded by verbally berating him. The man was considered a "peon" in a lower caste in Indian society than the woman. Tanpure was prosecuted for mistreating him under India's 1989 Scheduled Castes and and Scheduled Tribes (SCST) Act. The SCST was enacted to make India a bias free society by forbiding humiliation and harassments meted to the Dalits (peons or "untouchables"), to ensure their fundamental and socio-economic, political, and cultural rights. After her conviction following a bench (judge only) trial, Tanpure was sentenced to six months imprisonment and a ?500 rupee fine (US$10.75). Tanpure appealed. In late-March 2017 the Bombay High Court set-aside Tanpure's conviction on the basis there was reasonable doubt of her guilt. In his ruling Justice A. M. Badar harshly criticized the trial judge "not holding the scale of justice quite evenly." Badar explained the judge interfered in the case by assuming the role of the prosecutor and influencing witness testimony that was detrimental to Tanpure. Badar stated: "For these reasons the accused is certainly entitled to the benefit of doubt and allowed the appeal by quashing the order of conviction. (Note: on Jan 15, 2001 the exchange rate was 1 USD=46.583687 Indian Rupee.)" |
Conviction Caused By: |
Anti-defendant prejudice by the trial judge. |
Innocence Proved By: |
"In late-March 2017 the Bombay High Court set-aside Tanpure's conviction on the basis their was reasonable doubt of her guilt. In his ruling Justice A. M. Badar harshly criticized the trial judge "not holding the scale of justice quite evenly." Badar explained the judge interfered in the case by assuming the role of the prosecutor and influencing witness testimony that was detrimental to Tanpure. Badar stated: "For these reasons the accused is certainly entitled to the benefit of doubt and allowed the appeal by quashing the order of conviction." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"HC sets aside 16-year-old conviction, By Special Correspondent (Mumbai), The Hindu, April 4, 2017" |
Information Location 1: |
http://www.thehindu.com/news/cities/mumbai/hc-sets-aside-16-year-old-conviction/article17783816.ece |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org