Just by marrying someone does it mitigate rape? You have mentioned this
twice in your email.
I think we should get into a proper discussion on some of the concepts
discussed in this article and by many of you. It will help broaden
thinking.
K
-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf
Of
gatak singh via Ai
Sent: 01 August 2017 11:11
To: Share, empower &Enrich
Cc: gatak singh; jnuvision
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
Gurgaon: Blind banker gets 10-year jail for raping blind woman
sorry for discussing again but I couldn't stop commenting on this
matter.
I know few examples where the girl has not accepted the proposal of the
boy,
but when the boy got a government job, she threatened to marry her
otherwise
she would go to the court aledging that he promised to marry but did not
keep up his promise. so boy had to marry her due to fear of loosing his
government job.
in this matter, boy had promised that he would marry that girl. what I
understand is that girl may have agreed for sex based on this promise.
but in any case, boy should have married her. but he did not marry,
that's
his mistake. but this should be called cheating rather than rape.
someone said that women feel shy or disgusted to go to courts saying
that
she was raped. but I dont agree to this. that women should have
immidiately
gone to the court when she was raped for the first time.
from my understanding, women dont go to courts because if this comes in
the
media and if everybody comes to know about that, nobody would marry her.
but
in this case, she was already married once, and there wasn't any matter
to
fear.
this is nothing but hipocracy at its peak. if he had married her, she
would
have never complained. here, he did not marry, hence it automatically
turned
into rape case. rape is rape. women can change the situation however
they
want. it was not rape before 2 years, then how can it be called rape
now?
I am not in anyway supporting the rapists. but just speaking about this
case.
I wonder what was the proof for the marriage promise that he had made.
was there any recording or document? or judge just believed her oral
words?
I can understand the psychology of the female members on this list.
they can't speak against that aledged female victim, because females
should
support the females. but the fact is that men are often exploited
legally
due to the biased laws.
someone said that father raping his own daughter, brother raping his own
sister comes to light after so many years. this happens because the girl
will be minor in that situation. in this case, girl was not minor. she
had
8
year old child, which means she was matured enough.
so, as mahajan sir said, both of them are equally culprits in this case.
the best way to escape from the discussion is to just say, 'how can we
talk
when we are not in that situation'.
anyway, I feel that boy should had kept up to his promise, then it would
have been never called rape. but this punishment is very harsh on him,
who
was not 100% culprit.
On 7/26/17, avinash shahi via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
http://www.hindustantimes.com/gurgaon/gurgaon-blind-banker-gets-10-yea
r-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
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