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This is an archive article published on August 9, 1997

Rapist pays to get freedom

August 8: The Bombay High Court has reduced the jail term of a rapist from seven years to six months after he agreed to pay a compensation ...

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August 8: The Bombay High Court has reduced the jail term of a rapist from seven years to six months after he agreed to pay a compensation of Rs 4 lakh to the victim. The high court reversed an order of Raigad Sessions Court which had held him guilty of rape. The victim had applied as an intervenor in the convict’s appeal for reconsideration.

The division bench of Justice V P Tipnis and A B Palkar confirmed the “settlement” reached between the prosecution and the defence counsels. “We specifically mention that the amount of Rs 4 lakh paid by the accused to the prosecutrix should be deposited in the Bank of India in such a way that it will fetch maximum interest to the victim…the compensation is necessary for a woman who will never get married in future.”

The settlement between the two parties was arrived at after the victim’s father filed an affidavit in the HC claiming that after “negotiations between the counsels of my daughter and the accused, it has been agreed that a compensation of Rs 4 lakh will be paid to her for her future subsistence.”

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Interestingly, the convict’s wife also supported the compensation to the victim. Her affidavit said, “I am married to the convict for the last ten years. Ours is a fisherman’s family depending on my husband’s income. We have taken a loan of Rs 3 lakh which is difficult to repay.” She further said, “Being a woman, I am aware of the situation in which the victim is placed. As a genuine well-wisher of her, I have sold my gold jewellery to compensate her loss and help her to start life afresh.”

Both victim and the convict belonged to Navapada Kanranja, Uran taluka, in Raigad district. The victim stayed with her father and stepmother at the time of the incident in October 1994. The rape took place in a shack near the sea shore, with no eye witnesses. The victim was threatened and molested in the coming months also. A police complaint was filed only after the victim became pregnant. The police arrested the convict in November 1994. He was released on bail on December 6, 1994. As the following trial held him guilty, he was rearrested in April 1997.

Due to the social stigma attached to unwed mothers, the victim was taken to a remand home in Chembur, Mumbai. She was then admitted to the Rajawadi hospital on January 25 where she delivered a girl child.

She has returned to her village now. As per the remand home rules, her baby is adopted by foster parents with an unknown address.

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