NEW DELHI: In a case the place the accused called the rape survivor a “prostitute”, a court lately rejected the claim and sentenced him to seven years’ rigorous imprisonment. “Offence of rape is gravest. The same has been committed on a lady who was younger at the time of the incident,” the court stated. It also stated that the accused used the term “prostitute” in essentially the most “irresponsible means”, without any felony foundation.
Also, in order to supply restorative and compensatory justice, the court directed that the woman be paid Rs five lakh as reimbursement.
The survivor alleged that accused, Mumtaz Ali, who was operating a tailoring store within sight, raped her on two occasions in March, 2015 when she was by myself at home. On the first occasion, Ali had threatened the survivor announcing he would kidnap her kids. She later called her husband’s manufacturing unit, the place the manufacturing unit proprietor requested her to tell the police. The lady idea it essential to tell the police thinking that her daughter is a minor and that Ali should now not make advances at her.
The prosecution, in order to prove the costs, tested 15 witnesses. The accused, meanwhile, claimed that the woman is a prostitute and extorts cash from other people. He tested three witnesses in his defence and alleged that the survivor had illicit members of the family with the manufacturing unit proprietor. On one hand, there was an allegation of her having illicit members of the family, and on the other, the accused claimed he had now not committed rape and termed the woman a “prostitute”.
There had been also contradictions if the survivor had called the police or one of the crucial prosecution witnesses, who is the woman’s neighbour.
“I find that such contradictions don't seem to be subject matter and shouldn't have bearing on the core of the prosecution story. Issue for attention on this case is not as to who called the police, however basic level of determination is as to whether the prosecutrix has been a sufferer of sexual assault or now not,” seen the court.
It also got here on document that the husband of the survivor got here to the accused’s space and demanded Rs five lakh for “settling” the subject and the accused’s wife even reportedly paid part the sum. The proof regarding the same may just now not substantiated via the defence.
“I, due to this fact, find that the convict is not in any respect entitled for any leniency. Therefore, I sentence the accused for rigorous imprisonment for a period of seven years with a nice of Rs 10,000 beneath Section 376 of IPC,” held further sessions pass judgement on Shailender Malik.
Also, in order to supply restorative and compensatory justice, the court directed that the woman be paid Rs five lakh as reimbursement.
The survivor alleged that accused, Mumtaz Ali, who was operating a tailoring store within sight, raped her on two occasions in March, 2015 when she was by myself at home. On the first occasion, Ali had threatened the survivor announcing he would kidnap her kids. She later called her husband’s manufacturing unit, the place the manufacturing unit proprietor requested her to tell the police. The lady idea it essential to tell the police thinking that her daughter is a minor and that Ali should now not make advances at her.
The prosecution, in order to prove the costs, tested 15 witnesses. The accused, meanwhile, claimed that the woman is a prostitute and extorts cash from other people. He tested three witnesses in his defence and alleged that the survivor had illicit members of the family with the manufacturing unit proprietor. On one hand, there was an allegation of her having illicit members of the family, and on the other, the accused claimed he had now not committed rape and termed the woman a “prostitute”.
There had been also contradictions if the survivor had called the police or one of the crucial prosecution witnesses, who is the woman’s neighbour.
“I find that such contradictions don't seem to be subject matter and shouldn't have bearing on the core of the prosecution story. Issue for attention on this case is not as to who called the police, however basic level of determination is as to whether the prosecutrix has been a sufferer of sexual assault or now not,” seen the court.
It also got here on document that the husband of the survivor got here to the accused’s space and demanded Rs five lakh for “settling” the subject and the accused’s wife even reportedly paid part the sum. The proof regarding the same may just now not substantiated via the defence.
“I, due to this fact, find that the convict is not in any respect entitled for any leniency. Therefore, I sentence the accused for rigorous imprisonment for a period of seven years with a nice of Rs 10,000 beneath Section 376 of IPC,” held further sessions pass judgement on Shailender Malik.
7 years for man who called rape survivor ‘prostitute’
![7 years for man who called rape survivor ‘prostitute’]()
Reviewed by Kailash
on
April 02, 2018
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