Rape case: Man freed,court for rules to curb nefarious agencies

Additional Sessions Judge Virender Bhat observed that it is a matter of concern that uneducated,uninformed and minor girls from poor and rural backgrounds are being exploited by the “unscrupulous” agents/placement agencies.

“…Thereby grossly misusing and abusing the laws related to rape and sexual abuse have been reaching the courts and are a matter of serious concern,” the court said.

This is for the reason that there are no laws,rules and regulations,framed by the government for keeping a close vigil and check on such activities carried on by the owners of various placement agencies,it said.

“It is high time that the government wakes up to the reality and puts in place appropriate rules and guidelines so that such unscrupulous and nefarious activities being carried out by the placement agencies are curbed,” the judge said.

The court noted that poor and illiterate girls brought to Delhi from remote areas of West Bengal,Bihar etc to provide them employment and means of living are either being thrown into “prostitution or used by the owners of these private placement agencies to settle scores with their rivals”.

According to the prosecution,the incident took place on the night of April 12,2010 when the 15-year-old victim,a native of West Bengal,was sleeping in the placement agency here where she used to work.

It said in the night the accused,who was also employed there,came to her room and tried to rape her but he ran away when she started crying.

A woman,who was in the adjoining room,came there and saved her and she narrated the incident to her,it said.

“The appellant cannot be convicted for attempt to commit murder as well as murder of Nababai. Once Nababai expired due to burn injuries,the offence under Section 307 of IPC would be converted to Section 302 of IPC and the accused can be charged and convicted only for the offence under Section 302 of IPC and he cannot be convicted separately under Section 307 of IPC,” the judges noted.

Thus,the conviction of the appellant under Section 307 of IPC has to be set aside,the bench ruled.

However,the court upheld the conviction and sentence of the appellant under Section 498-A (cruelty) of IPC because of ill-treatment meted out to wife who had stated this in her dying declarations to a police constable and Special Executive Magistrate. The punishment of three years on this count was maintained by the High Court.

However,punishment of eight years’ rigorous imprisonment under section 304 part II IPC and three-year sentence under 498 IPC would run concurrently. The accused has been behind bars since 2006 when he was convicted by a sessions court in Niphad,Nashik district. He would have to spend total eight years in jail.

Shingade got married to Nababai in 2001 and was staying in Niphad taluka of Nashik district. In 2003,he started suspecting her character and used to quarrel with her on this count. He also used to abuse and assault her.

On two-three occasions in the past,he had poured kerosene on her and assaulted her. Nababai had informed about this to her parents.

On August 28,2005,Shingade came home and abused her. He then doused her in kerosene and set afire. Later,he tried to extinguish the flames. Nababai was taken to a hospital whereshe succumbed to her injuries four days later.