Mumbai: Children’s home staffer gets life term for rape of two mentally-challenged girls

The incident came to light in 2014 when one of the victims was found in possession of a Rs 50 currency note. On March 7, 2014, a counselor under Project Chunauti — a field action project of the Tata Institute of Social Sciences (TISS) formed for the rehabilitation and care of mentally challenged children — was informed by one of the girls at the home that the victim had a Rs 50 note.

The counselor had asked the victim whether she had the money and where she got it from. The police said the victim first gave evasive replies, but after over a week of counseling, she spoke about how a “bald man” had given her the money and had touched her inappropriately.

After being counseled further for a few more days, the girl gave a description of the accused and about being sexually abused by him. On March 21, the counselor filed a written complaint to the superintendent of the home. Even as an inquiry was underway, another victim came forward and through gestures told the staff that she, too, had been abused by the same accused.

A police complaint was lodged at Trombay police station. The police claimed that the accused had given Rs 50 to one of the victims and had asked her not to reveal anything.

At the time of the trial, an age verification test conducted on the victims revealed that one of the victims was 18 years old, while another was found to be between 15 and 16 years. During the trial before Special Judge Surekha Patil, the 18-year-old victim who was studying in Class V at the time of her deposition in March 2018, told the court that the accused had entered the bathroom and sexually abused her.

The second victim, who was studying in Class II at the time of her deposition in April 2018, also told the court, through sign language (as she has a speech impairment) about being raped by the accused.

The special court, taking into consideration the mental condition of the victims, did not directly confront the victims with the accused in the courtroom. The victims identified the accused through a photo affixed on the arrest form

As his defence, the accused had claimed that he was being falsely implicated by a senior staff member of the home.
The court, however, concluded that the counselors appointed by the TISS were independent of the staff of the home and had no reason to collude with the staff on such an allegation.

The court also took into consideration the description of the accused given by the victims and the offence while talking to the counselors. The prosecution, led by Special Public Prosecutor Vaibhav Bagade, examined 14 witnesses, including the two victims, counselors and other staffers at the home.

The court found the accused guilty under various sections, including aggravated sexual assault of the special Protection of Children from Sexual Offences Act and the Indian Penal Code. The court also directed them to pay Rs 20,000 to each of the victims as compensation.