Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: Gurgaon: Blind banker gets 10-year jail for raping blind woman

[B. R. Nautial via Ai]

Since the matter was raised in the group, ladies are trying to defend to 
victim while males are showing sympathey with the male. This is true, the 
incident should have been condemned by each of us. Similarly, nun of these 
should have become the victim of wrong interpretation of definition of Rape.
Generally, the decission of the court depends on the evidence, produced by 
the parties in favor of them before the court, experience and reputation of 
the advocate, that's why, Mr. Ramjet Malani, Mr. Kapil Sibbal and some other 
advocates are charging such a big amount for one haring.
----- Original Message ----- 
From: "swati saxena via Ai" <ai@accessindia.inclusivehabitat.in>
To: "Share, empower &Enrich" <ai@accessindia.inclusivehabitat.in>
Cc: "swati saxena" <swatisaxena...@gmail.com>
Sent: Wednesday, July 26, 2017 9:28 PM
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday: 
Gurgaon: Blind banker gets 10-year jail for raping blind woman


So according to some of the views, does this case does not demand any
form of punishment? Is the woman not a victim in any form?

Absolutely, it should not be viewed from disability point of view.
However I not at all agree that it was a consensual sexual
relationship.

It is clearly stated in the article that she was raped in the guest
house in the pretext of meeting an advocate. Is raping someone does
not call for punishment? If it is believed that this is something
which does not demand punishment of any form, then I question the
sensitivity and understanding of what does rape means for a women.

Also even if it is consent (though I don't subscribe to this view),
then we also need to look what does consent means. If consent means
first victimizing someone, doing crime against them, above all showing
a rosy future, leaving no alternative for them (which all happened in
this case) and then asking for consent then I agree it was a
consensual sexual relationship. But if consent means an absolute free
will of a person, without any burden, any dependency then this may not
be a consensual sex but still demands punishment.

If we go through the facts of the case, the victim was first raped and
then they entered into a relationship of whatever kind was it.

I will reiterate my previous belief that the punishment is absolutely
welcome (though people may question quantum) for what happened in the
guest house. No rapist must be spared measured from what so ever
yardstick. Rapists must be given the harshest punishment demanded of
whatever kind.



On 7/26/17, B. R. Nautial via Ai <ai@accessindia.inclusivehabitat.in> 
wrote:
No. I think, this harsh punishment would have not given to a normal 
person.
Generally, in every society, there's a big sympathey for disabled, 
specially
for visually impaired but if he is involve in such a bad incident, that
sympathey takes a different way and in such cases, judiciary will give 
him
the maximum punishment.
----- Original Message -----
From: "SPARSH GUPTA via Ai" <ai@accessindia.inclusivehabitat.in>
To: "Share, empower &Enrich" <ai@accessindia.inclusivehabitat.in>
Cc: "SPARSH GUPTA" <sparsh.nls....@gmail.com>
Sent: Wednesday, July 26, 2017 6:19 PM
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
Gurgaon: Blind banker gets 10-year jail for raping blind woman


Dear friends,

first off, I think it is very wrong on member's part to jump on
conclusions without knowing the full facts and without reading the
full judgement as that would be the proper source to understand the
opinion of the H'ble Judge in light of the facts and circumstances of
the matter under consideration.

Although the way report in Hindustan Times is reported is pretty
pathetic to be honest. The author has not been prudent enough to put
the full facts in the open and left many blanks to be filled by the
reader themselves on whatever suits them the best. Therefore, it would
be a unfruitful discussion till we have the exact copy of the
judgement. And being a lawyer myself, I can say that with full
understanding of the matter.

and I completely agree with Nupur here that we need to look at this
from a general angle and not the differently abled angle. Our justice
system is based on the principle of equality before law and equal
protection for all and so taking into account such factors would be
injustice to the person under consideration.

Cheers

Sparsh Guptta

On 7/26/17, Dinesh Kaushal via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
Well put Swati,

Consent is absolutely important and many of us missed this point in the
article.

We may not know exact facts, so we need to restraint ourselves from 
such
discussions. It is court to decide whether consent was there or not. 
How
come we have just jumped on conclusion that court has been 
unnecessarily
biased against men?


-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf 
Of
swati saxena via Ai
Sent: Wednesday, July 26, 2017 5:20 PM
To: Share, empower &Enrich <ai@accessindia.inclusivehabitat.in>
Cc: swati saxena <swatisaxena...@gmail.com>
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
Gurgaon: Blind banker gets 10-year jail for raping blind woman

HI All,

Directly quoting from the article below lines.
"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."

It clearly states that the victim was raped by the convict first time
on pretext of meeting an advocate. How can it be justified as having
sexual relationship with the consent of the women? The lines further
states that later he abused her promising marriage. The words "
pretext of meeting an advocate" and "abuse" are enough evidences to
impose rigorous" punishment on the convict.

Subsequent sexual relationship could be on consent basis (facts in the
article insufficient to conclude the consent part), however this does
not in any case justify his act of raping the women for the first time
in the guest house. The interpretation by members that at the first
instance also it was on consent is wrong. I believe no matter whatever
happened after that, this punishment is highly justified for what he
did in the guest house. Future innocence (though no proof of that in
the article) in any case, cannot justify the heinous crime in the
first instance.

Comments like “men have to suffer in India because of these gender
biased laws” and “this would further de-motivate men to have sexual
relationship with women even with their consent”are highly
unfortunate. These statements try to show that men are highly
vulnerable in the hands of women because of these laws which is not
the case going by the rape statistics and innumerable crime against
women in India. As such comments are coming from members I am forced
to write that because of such grievous acts by men, females have to
live in India under a highly controlled environment which acts as a
roadblock for them in various scenarios during their whole life cycle.

Cheers
Swati Saxena


On 7/26/17, vivek doddamani via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
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
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Thanks and Regards
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Batch of 2012-2014
Tata Institute of Social Sciences
Mumbai, India
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Thanks and Regards
Swati Saxena
MA in Human Resource Management & Labor Relations
Batch of 2012-2014
Tata Institute of Social Sciences
Mumbai, India
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