Mumbai Sessions Court Sentences Neighbour To 10 Years’ Rigorous Imprisonment For Raping Mentally Challenged Woman During 2019 Lok Sabha Polls

Mumbai, Jan 06: A sessions court has convicted a neighbour for raping a mentally challenged woman after kidnapping her and taking her to his residence in April 2019, when her parents had gone out to vote in the Lok Sabha election. The man has been sentenced to 10 years’ rigorous imprisonment.

Court finds accused exploited victim’s condition

Additional Sessions Judge Surekha Sinha, while convicting the accused, observed that the prosecution had proved that the victim was mentally retarded and that the accused took advantage of her condition.

“By taking disadvantage of this fact, the accused took her to his house, wrongfully restrained and confined her by using force, threatened her by showing a knife, removed her clothes and committed rape on her,” the court said.

Attempt made to destroy evidence

The court further noted that after committing the offence, the accused attempted to destroy evidence by giving the victim a bath and cleaning her private parts with soap. “This conduct clearly shows the intention of the accused to make the evidence disappear,” the court observed.

Victim termed a credible witness

Rejecting the defence contention that the victim was not a “sterling witness”, the court said there was no reasonable doubt about her testimony. “Her evidence is fully inspiring, trustworthy and truthful,” the judge said.

Incident occurred while family was voting

According to the prosecution’s case registered with Agripada police station, on April 29, 2019, all family members had gone out to vote and returned home around 3.30 pm. After lunch, the complainant’s elder daughter went back to the polling booth, while the victim went outside into the lane.

When she did not return for a long time, the family searched for her. Around 4.30 pm, they saw the victim returning home crying and later narrating the incident. The family immediately took her for medical examination and lodged a complaint.

Prosecution evidence accepted

Public prosecutor Geeta Sharma examined the victim, her family members and medical officers as key witnesses. The defence claimed the case was false and arose out of a quarrel between the victim’s mother and the accused’s wife over filling water from a tap, a contention rejected by the court.

Another accused acquitted in separate case

In another case, the sessions court acquitted a man accused of raping his daughter-in-law in 2013, citing material contradictions and infirmities in her testimony. The woman had lodged the complaint with the Chunabhatti police in January 2014.

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Court cites inconsistencies in testimony

The court noted an unexplained delay in filing the FIR, inconsistencies regarding dates, and the woman’s failure to disclose the incident to close relatives. Accepting defence arguments, the court held that her testimony was not trustworthy or reliable and acquitted the accused.

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