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-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of B. R. 
Nautial via Ai
Sent: Wednesday, July 26, 2017 19:19
To: Share, empower &Enrich
Cc: B. R. Nautial
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: 
Blind banker gets 10-year jail for raping blind woman

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.
>>>
>>>
>>>
>>>
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>>>
>>> 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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>>
>>
>> --
>> Ajay Minocha
>> Mob : +91-9584076767
>> E mail : ajayminoc...@gmail.com
>> p13aj...@iimidr.ac.in
>> Skype: ajayminocha2
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> Disclaimer:
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