The special sessions court that convicted a security guard posted at a residential building for raping a “defenceless lady” resident last year and sentenced him to 10 years in prison on Thursday, has said that the guard Pramod Upadhyay “instead of helping her, had committed the offence, and hence, there is no question of showing leniency.”
According to the prosecution’s case, the victim had on January 1, 2014, returned home from dance classes and informed her mother through Internet calling platform Skype that she was headed to a friend’s birthday party.
A male friend dropped her back in an autorickshaw late night, but they stopped a little short of the gate to her housing society as she was feeling nauseous. It was on noting her condition that Upadhyay allegedly dragged her to a space between two parked cars and raped her. He then allowed the victim to go.
As per the court’s order, the victim ran towards her building. Barely conscious, she entered the building’s lobby before collapsing near the elevator. She was found by her brother, unconscious and partly clothed, when he came out to walk their dogs at 5 am. He took her home, and then she was taken to hospital by her sister.
Though she could not remember anything of the incident, the victim said she realised she had been raped when she awoke in the hospital with excessive pain, bruises and bite marks. The court also observed that there was “no question of consent as she received many injuries, scratch marks and bruises”.
“There are injuries on the person of the accused, which shows it was against her consent.” The defence counsel had argued that the DNA tests and CA report negates the charges of rape. The court, accepting the evidence on the CCTV footage of the incident observed that Upadhyay had entered his cabin after 30-40 minutes, along with a bottle. “The washing of parts after commission of offence, is the reason for negative CA report,” the court observed.
The court examined 24 witnesses amongst which the victim’s mother’s statement was counted as a crucial one.
The mother, who was abroad, told the court that when the victim’s sister called her on Skype to inform her about the victim’s condition, she asked for her to be taken to the hospital. She then immediately contacted the society secretary and asked him to archive the CCTV footage from the previous night, and also informed the police. “I broke down at the airport when I came to know that she had been raped,” the mother told the court.
According to the special public prosecutor Vaibhav Bagade, the main evidence against Upadhyay were dental marks found on the victim’s body and the recovery of the victim’s belongings including her mobile phone and purse.