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.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 >>> >> >> >> -- >> Rahul Kelapure >> +91 9404 123454 >> 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 >
-- 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
