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Visually impaired gets 10 years RI for raping blind girl in Delhi

Last Updated: Monday, June 14, 2010 - 20:24

New Delhi: A Delhi court has sentenced a
visually-impaired man to 10 years rigorous imprisonment for
raping a blind student at a hostel run by him here two years

"The prosecution has been fully able to prove its case
against the accused beyond the shadow of doubt that he
committed rape upon the girl and also threatened her and
wrongfully confined her in the hostel so that she may not tell
the factum of rape to anybody else," the court said.

Additional Sessions Judge Madhu Jain also imposed a fine
of Rs 2,000 on Rajender Gupta after holding him guilty of rape
and other offences under the IPC.

The court refused to show leniency to the convict on the
ground that he was a visually-challenged person, saying he,
being the administrator of the hostel where the 21-year-old
victim used to reside, had betrayed her trust.

"Convict is no doubt a visually impaired person but at the
same time, the victim is also a visually impaired girl who
came to stay in the hostel with the hope that she shall be
able to study further and will make a career for herself," the
court said.

It did not lend any credence to the contention of the
convict that he had a clean record as no other
visually-impaired girl had levelled any such allegation
against him.

"Merely because no other visually impaired girl has made
any such allegation against the convict is no ground to
presume him innocent or to show any leniency towards him," ASJ
Jain said.

"The girl was kept in the hostel under the protection and
care of the convict and it is clear that the convict has
betrayed the trust of prosecutrix and her parents. Her parents
had kept the prosecutrix in the hostel in the faith that she
shall be able to study further and do something in her life.
But the convict has betrayed their trust," the court said.

It also did not allow a plea by the convict that the
medical report of the girl did not support her allegation.

"The girl as well as the accused were examined after 5-6
days of the incident and if no fresh injuries marks were seen
by the doctor at that time, then for this no adverse
presumption can be drawn," the court said.

The counsel for the accused, who raised a plea that he was
impotent and did not have any children from his marriage,
could not convince the court which said "there can be 100
reasons for infertility and if accused or his wife are not
able to bear a child, then no presumption can be raised that
accused is impotent also".

Gupta was arrested on January 16, 2008, after a case was
lodged with Timarpur police station by the victim that she had
been ravished by him five days ago.


First Published: Monday, June 14, 2010 - 20:24
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