I think, this is the misinterputation of the definition of rape. I am not
agree with the decission in terms of rape. they were having physical
relationship for the last 2 years with their mutual understanding but once
he refused to marry, got punishment under the charges of rape. it was the
game of advocates only, which's not justified at all.
----- Original Message -----
From: "prateek aggarwal via Ai" <ai@accessindia.inclusivehabitat.in>
To: "Share, empower &Enrich" <ai@accessindia.inclusivehabitat.in>
Cc: "prateek aggarwal" <prateekagarwa...@gmail.com>
Sent: Wednesday, July 26, 2017 2:14 PM
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
Gurgaon: Blind banker gets 10-year jail for raping blind woman
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.html
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
Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of
the
person sending the mail and AI in no way relates itself to its veracity;
2. AI cannot be held liable for any commission/omission based on the
mails
sent through this mailing list..
To check if the post reached the list or to search for old posting,
reach:
https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html
_______________________________________________
Ai mailing list
Ai@accessindia.inclusivehabitat.in
http://accessindia.inclusivehabitat.in/mailman/listinfo/ai
--
Ajay Minocha
Mob : +91-9584076767
E mail : ajayminoc...@gmail.com
p13aj...@iimidr.ac.in
Skype: ajayminocha2
Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of
the
person sending the mail and AI in no way relates itself to its veracity;
2. AI cannot be held liable for any commission/omission based on the
mails
sent through this mailing list..
To check if the post reached the list or to search for old posting,
reach:
https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html
_______________________________________________
Ai mailing list
Ai@accessindia.inclusivehabitat.in
http://accessindia.inclusivehabitat.in/mailman/listinfo/ai
Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of
the person sending the mail and AI in no way relates itself to its
veracity;
2. AI cannot be held liable for any commission/omission based on the mails
sent through this mailing list..
To check if the post reached the list or to search for old posting, reach:
https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html
_______________________________________________
Ai mailing list
Ai@accessindia.inclusivehabitat.in
http://accessindia.inclusivehabitat.in/mailman/listinfo/ai
Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of the
person sending the mail and AI in no way relates itself to its veracity;
2. AI cannot be held liable for any commission/omission based on the mails sent
through this mailing list..
To check if the post reached the list or to search for old posting, reach:
https://www.mail-archive.com/ai@accessindia.inclusivehabitat.in/maillist.html
_______________________________________________
Ai mailing list
Ai@accessindia.inclusivehabitat.in
http://accessindia.inclusivehabitat.in/mailman/listinfo/ai
