Agreed Kanchan!

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-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of 
Kanchan Pamnani via Ai
Sent: Wednesday, July 26, 2017 18:26
To: 'Share, empower &Enrich'
Cc: Kanchan Pamnani
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: 
Blind banker gets 10-year jail for raping blind woman

Bhiwani 
" the surviver is a widow, not inocent."
This statement is uncalled for and absolutely requires a mindset change.  
The Courts have come a long way since these statements were made by male 
stakeholders-police, accused, witnesses, doctors and even judges. Its time you 
too move on from these thoughts.
So just because she is a widow  and we presume that she has had sex before this 
guy came into her life does not mean that she has or hasnot been raped. If hse 
has been raped then she is a victim  whether she was of moral character or a 
sex worker.  Some of the lawyers in this group will send you the relevant 
judgements.   
Most of the other observations made by others on this list are perfectly 
correct.      
Kanchan   
-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of 
bhawani shankar verma via Ai
Sent: 26 July 2017 16:33
To: Share, empower &Enrich
Cc: bhawani shankar verma
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: 
Blind banker gets 10-year jail for raping blind woman

the surviver is a widow, not inocent.


-----Original Message-----
From: avinash shahi via Ai
Sent: Wednesday, July 26, 2017 3:18 PM
To: Share, empower &Enrich
Cc: avinash shahi
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: 
Gurgaon: Blind banker gets 10-year jail for raping blind woman

The surviver in the under discussion order is a widow; this fact and her 
precarious circumstance may have led the judge to pronounce such a harsh 
punishment. He however can approach the higher judiciary.  As a silver lining, 
There are very few blind women who knock the door of the courts when their 
bodily integrity is violated. This particular order should deter blind men in 
particular to not take blind women for granted and for a ride.
On 7/26/17, Arjun Malhotra via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
> Wasn't there a Supreme Court Judgment recently on educated women and 
> promise of marriage. Why not apply that yardstick in this case as 
> well.
>
> On 7/26/17, Rahul Kelapure via Ai <ai@accessindia.inclusivehabitat.in>
> wrote:
>> Agree with Prateek. Here I also see a strainge attitude of the Judge 
>> to justify high punishment to the convict as the girl is blind and he 
>> took advantage of her helplessness as she was blind.
>>
>> While techniclly it could be rape but how many would Court award 10 
>> years riggerous jail for this kind of matter in so called normal 
>> cases?
>>
>> I think, Judge has gone overboard while pronouncing the sentence.
>>
>> This is like two extreme sides of attitude for disabled where on one 
>> hand they will have extremely symphethy or they will have abselute 
>> indiference or hatred for disabled.
>>
>> If She was so clear that, she would want to have sex only after 
>> marage then first marry and then do whatever. There are many matters 
>> where everything is consensual but when things do not go as per the 
>> expectation, slap with rape charges.
>>
>> Strainge.
>>
>> I am sure, this will not stand the scrutiny in the higher court. I 
>> don't know how well the defence fought the matter.
>>
>> On 7/26/17, prateek aggarwal via Ai 
>> <ai@accessindia.inclusivehabitat.in>
>> wrote:
>>> While questioning court's decision is a crime itself in india, isn't 
>>> this unfair to punish man while the repeated sexual relationships 
>>> were established in mutual consensus of both the partners?
>>> As both of them had sex multiple times since 2015, how can this be 
>>> even called rape on the first place?
>>> Yes the news suggests that the man has  promised marriage and   on
>>> that pretext this sexual relationship was established, but things 
>>> may happen in the course of  2 years that may force a person to not 
>>> marry other. That does not definitely take the fact away that the 
>>> sex happened with the consent of girl.
>>> Promises like these are not documented here in india.
>>> Personally, I feel that the laws are sometimes being miss used by 
>>> females, like it has been in this context. This is unfortunate.
>>>
>>> Regards,
>>> Prateek agarwal.
>>>
>>>
>>> On 7/26/17, Ajay Minocha via Ai <ai@accessindia.inclusivehabitat.in>
>>> wrote:
>>>> A very welcome judgement!
>>>>
>>>> On 7/26/17, avinash shahi via Ai 
>>>> <ai@accessindia.inclusivehabitat.in>
>>>> wrote:
>>>>> http://www.hindustantimes.com/gurgaon/gurgaon-blind-banker-gets-10
>>>>> -year-jail-for-raping-blind-woman/story-xQAJGpWmso2ioCesDHV2UM.htm
>>>>> l
>>>>>
>>>>> A Gurgaon district court on Monday awarded 10 years rigorous 
>>>>> imprisonment to a blind man, a trainee probationary officer at a 
>>>>> public sector bank, who was found guilty of raping a 33-year-old 
>>>>> blind widow repeatedly on the pretext of marriage.
>>>>>
>>>>> The court also imposed a penalty on convict Saurabh Kapoor, 35, 
>>>>> who was convicted of rape under Section 376 of the IPC.
>>>>>
>>>>> Additional Sessions Judge Rajni Yadav, while pronouncing the 
>>>>> quantum of sentence, said that given the inhumanity of the act, it 
>>>>> was required to impose upon the convict substantive and stern 
>>>>> sentence that would commensurate with the gravity of the offence 
>>>>> and also serve as an example to others.
>>>>>
>>>>> It is to be noted that since both the victim and the accused were 
>>>>> blind, the court had relied upon ‘voice identification’ that 
>>>>> helped the woman to identify Kapoor, a resident of Mayur Vihar in Delhi.
>>>>>
>>>>> On the pretext of meeting an advocate, Kapoor had taken the victim 
>>>>> on May 30, 2015, to a guest house in Gurgaon and raped her there 
>>>>> for the first time. He later continued to abuse her, promising marriage.
>>>>>
>>>>> The victim, who has an eight-year-old daughter, worked in a 
>>>>> private company in 2015, when the incident happened. She is 
>>>>> currently unemployed.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Public prosecutor Arvind Sharma said that the convict tried to 
>>>>> seek leniency from the court on account of his blindness.
>>>>>
>>>>> “The accused also argued that he is a government servant and 
>>>>> highly qualified, but all these arguments were rejected by the 
>>>>> court, which awarded him 10 years of imprisonment,” said Sharma, 
>>>>> adding that the court has imposed a penalty of Rs 10,000, out of 
>>>>> which Rs 8,000 would go to the victim. The remaining Rs 2000 would 
>>>>> go to the state. If the accused fail to pay the fine, he will face 
>>>>> one more year of imprisonment.
>>>>>
>>>>> The judge, in her order, also stated that undue sympathy to impose 
>>>>> inadequate sentence to the accused would do more harm as it will 
>>>>> undermine the public confidence.
>>>>>
>>>>> “Keeping in view the offence committed by the convict, I am not 
>>>>> inclined to take a lenient view against him and release him on 
>>>>> probation. He has raped a young woman who was helpless, 
>>>>> defenceless, vulnerable and an easy prey who trusted the convict 
>>>>> so much that she surrendered herself to him. He used, violated and 
>>>>> exploited her body,”
>>>>> the court said.
>>>>>
>>>>> District attorney Lal Singh Yadav said the court has given a 
>>>>> strong message to the society. “The convict had sexually exploited 
>>>>> the victim on the pretext of marriage,” he said.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Avinash Shahi
>>>>> Doctoral student at Centre for Law and Governance JNU
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>>>>> illist.html _______________________________________________
>>>>>
>>>>>
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>>>>>
>>>>
>>>>
>>>> --
>>>> Ajay Minocha
>>>> Mob : +91-9584076767
>>>> E mail : ajayminoc...@gmail.com
>>>> p13aj...@iimidr.ac.in
>>>> Skype: ajayminocha2
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>>>>
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>>
>>
>> --
>> Rahul Kelapure
>> +91 9404 123454
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-- 
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU
Disclaimer:
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