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HC increases rapist’s jail term from original 3 years to 7 years | India News

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MUMBAI: More than 28 years after a South Mumbai man was charged with raping a “teenage” domestic worker and 14 years after the trial court handed down a guilty verdict, the Bombay High Court increased the three years of rigorous prison original to seven years. .
“A sentence must be proportional to the seriousness of the crime. The social position of the accused is totally irrelevant, “said the higher court.
The HC court of Judge Sadhana Jadhav and Judge NJ Jamadar ordered the man to pay a fine of 1.1 lakh rupees instead of the 10,000 rupees imposed by the court of sessions in 2006. The court said that 1 lakh would be paid rupees as compensation to the survivor. “Once the court determines that the victim’s evidence is reliable, the conviction follows,” said the HC. “The passage of time will not be a justifiable reason to adopt an indulgent attitude. The courts cannot ignore the impact of such a heinous offense. ”
The man had challenged his conviction, and the state had challenged the “meager sentence” of less than seven years of rigorous incarceration, the minimum under existing law at the time, and sought its improvement.
As the man was out on bail, the HC said his bail was canceled and ordered him earlier this month to surrender before January 4.
He said rape was a heinous crime, which could not be viewed with indulgence. “Sexual harassment of a woman in a place where she works for a living is a shame inflicted on her by the abuser, which must be frowned upon and corrected,” the bank said.
The higher court pointed out that in case of imposing a punishment less than the minimum, the court of first instance must give special and adequate reasons. In this case, the higher court found that the session judge had not assigned such special reasons.
The man is now 47 years old. His lawyer, Girish Kulkarni, argued that he was innocent and that the girl had not offered any plausible explanation for the “excessive delay in filing the FIR”. The higher court said that “she was almost held in detention and was not allowed to communicate with anyone.”
The HC held that the false implication is an “unconvincing defense” made by the defendant without any effort to “prove” it. “Rape amounts to a severe blow to the supreme honor and dignity of a woman,” it said. “It is a violation of human rights.” He said it is not just a physical injury, but “an injury to her condition as a woman.”

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