This sounds illogical that if relation exists for 2 years then it has
to be with consent. Sometimes it might be with consent or forceful
also. I want to say let us assume that they had 50 intercourse’s in 2
years how can we say that all the relation are with consent? Following
reasons may be possible because of which the girl might have reported
late.
1.      He might have taken the mms of sexual act.
2.      He might be blackmailing for her or her daughter life.
3.      He might be supporting the lady and taking advantage.
4.      The lady might got moral and financial support late and then she
went to police.
5.      We all must agree on 1 point that a disabled community gets fewer
resources for satisfying ones sexual desires. I want to say that
watching porn’s or reading exciting materials. In this contecs the
blind man involved might have taken advantage of the opportunity
available. As I read the article it no way mentions that the boy was
married, so I believe that the man was unmarried. So he might have
sexual lust by the age of 35.
The girl was married and had daughter of 8 years, so I believe that
the girl might be married from last 6-7 years. So boy had more reasons
to rape her.
I am not trying to be the judge but trying to bring out the other side of coin.


On 7/27/17, Anand G via Ai <ai@accessindia.inclusivehabitat.in> wrote:
>
> Can anyone of you suggest what is the best!
>
> -----Original Message-----
> From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of
> Dinesh Kaushal via Ai
> Sent: 27 July 2017 09:43
> To: Share, empower &Enrich <ai@accessindia.inclusivehabitat.in>
> Cc: Dinesh Kaushal <dineshkaus...@hotmail.com>
> Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
> Gurgaon: Blind banker gets 10-year jail for raping blind woman
>
> Can anyone of you suggest what concludes you to believe that this guy didn't
> force himself on her at the first instance?
>
> The basic premise seems that since it continued for 2 years, it was
> consensual. Don't we know that for women it is not easy to come out? So many
> forced instances would have been resolved with either promises of marriage
> or threat of shaming. Is that a real resolution?
>
> BTW, what makes us believe that it continued for 2 years? It's been 2 years
> from now, and since how long case has been going on?
>
> Our society is not yet mature enough to understand both the points raised by
> George. I am quoting them for context.
>
> <George>
> 1. Even if a husband forces himself on his wife if the wife is not willing,
> in my understanding it amounts to rape. Strange as it may sound.
>
> 2. Even if two  adults are having regular sex for two years if the guy
> forces himself on the woman when she is not willing, it is rape.
> </george>
>
> Yes law may not know exact facts, but what makes us believe that we know all
> of them? We don't have enough time to look in to the full judgement, but we
> just want to decide based on a newspaper article.
>
> I can understand that as court is generally lenient towards women, men are
> afraid that they too could land in the similar situation even if they didn't
> force themselves. But in this case we are becoming a judge without knowing
> all the facts.
>
> Regarding disability point, see another snip:
>
> <snip>
> Public prosecutor Arvind Sharma said that the convict tried to seek leniency
> from the court on account of his blindness.
> </snip>
>
> So the convict himself tried to use the blindness card.
>
> -----Original Message-----
> From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of
> bhawani shankar verma via Ai
> Sent: Thursday, July 27, 2017 7:26 AM
> To: Share, empower &Enrich <ai@accessindia.inclusivehabitat.in>
> Cc: bhawani shankar verma <bsvermad...@gmail.com>
> Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
> Gurgaon: Blind banker gets 10-year jail for raping blind woman
>
> courts are not biased, our laws are biased. if a man wrongly forced to the
> legal matter against a female, specially family matters, domestic violence,
> or relationship matters, it is presumed that male is rakshas and the female
> is devi.
> turn this case 180 degree angle. and think whether a woman can siduce a man
> for sex or not. if it is, who would be the victim man or woman. there are
> many cases specially in corporate environment where the male employees are
> facing false charges and departmental enquiries of seduction.
> unfortunately, in IPC it is presumed that only man can seduce a woman. the
> laws are to be amended as per the rules of equality. can a male lodge an FIR
> against a female related to seduction? if it is so, please let me know the
> relevant section of IPC.
> in my opinion, the word male and female should be replaced with a person and
> the word husband and wife should be replaced with a word "spouse"
>
>
>
> -----Original Message-----
> From: Dinesh Kaushal via Ai
> Sent: Wednesday, July 26, 2017 5:52 PM
> To: Share, empower &Enrich
> Cc: Dinesh Kaushal
> Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
> Gurgaon: Blind banker gets 10-year jail for raping blind woman
>
> 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-xQAJGpWmso2ioCesDHV2
>>>>>>>>> UM.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:
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>>>>>>>>>
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>>>>>>>>> reach:
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>>>>>>>>> /maillist.html _______________________________________________
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Ai mailing list
>>>>>>>>> Ai@accessindia.inclusivehabitat.in
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>>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> --
>>>>>>>> Ajay Minocha
>>>>>>>> Mob : +91-9584076767
>>>>>>>> E mail : ajayminoc...@gmail.com
>>>>>>>> p13aj...@iimidr.ac.in
>>>>>>>> Skype: ajayminocha2
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>>>>>>>>
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>>>>>>>> maillist.html _______________________________________________
>>>>>>>>
>>>>>>>>
>>>>>>>> Ai mailing list
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>>>>>>>>
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>>>>>>> aillist.html _______________________________________________
>>>>>>>
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>>>>>>
>>>>>>
>>>>>> --
>>>>>> Rahul Kelapure
>>>>>> +91 9404 123454
>>>>>> Disclaimer:
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>>>>>>
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>>>>>>
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>>>>
>>>>
>>>> --
>>>> Avinash Shahi
>>>> Doctoral student at Centre for Law and Governance JNU
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>>
>>
>> --
>> Vivek Doddamani Ph-9868954833 & 08860410944  skype: vivek.doddamani,
>> FB: vivek doddamani.  105, Lancer Road, Near Mall Road, Delhi-110054.
>> Disclaimer:
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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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-- 
together we can and we will make the differnce
Zoher
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