I agree with Prateek in sighted persons such cases occur but we have never heard such a harsh punishment of 10 years, & in this case the sexual relation had been between two person consent here we should use the word cheating instead of rape,
On 7/26/17, prateek aggarwal via Ai <ai@accessindia.inclusivehabitat.in> wrote: > The widow went in a guest house with the boy to have sexual > relationship by her will and continued going on repeated basis. How > can this be even called rape is the question. > @Avinash, I agree that the silver lining is that women knocked the > door of court and found a favorable judgement, but I believe that this > can further de-motivate men to have sexual relationship with women, > even if the women are consenting to do so. > Who would want to get into troubles like this, even after having done > sex with consent of the woman afterall. > The judgement would strengthen the opinion that blind women are not > quite sexual being, which is already a prevalent belief in the > society. > This is truly illogical and one-sided in my opinion. > Unfortunate. > > Regards, > Prateek agarwal. > > On 7/26/17, avinash shahi via Ai <ai@accessindia.inclusivehabitat.in> wrote: >> 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 >> > 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. 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