The Bombay High Court has reduced the life sentence to 10 years in jail of a 27-year-old man convicted for raping and impregnating a mentally-challenged woman, and noted that the victim was aware of the consequences of having physical relations.
A division bench of Justices Ajey Gadkari and Milind Jadhav in its judgment of August 3, a copy of which was made available on Thursday, said the woman had "mild mental retardation" and hence was in a position to know the consequences of having physical relations.
The bench noted that the woman kept going with the man to the alleged spot, where she was raped on several occasions.
The man while challenging the life sentence and his conviction order passed by a special court on 2016 argued that the woman did not suffer from any mental health issues and that they were in a consensual relationship.
The victim had delivered a baby boy, who was later sent to a children's home as she was not in a position to take care of the baby.
The bench in its order noted that the present case involves a "helpless woman with mild mental retardation" and hence the matter should be considered with "utmost sensitivity".
"However, though the survivor was suffering from mild mental retardation, she accompanied the convict knowing the consequences of her actions, and thus, life sentence would be harsh," it said.
"The victim's testimony suggests that being aware of the consequences of having physical relations with the appellant, she continued the same and at least on five occasions, she went along with him to the secluded spot of incident," the court said.
This clearly shows that though on the one hand she is suffering from mild mental retardation, on the other hand she was in a position to know the consequences of her acts, it added.
"Therefore, we are of the considered opinion that the sentence of life imprisonment for the remainder of his life, imposed by the trial court on him is harsh and not determinative of the offence in the facts of the present case," the bench said.
The court also noted from the statements of the victim, that apart from narrating the entire incident of rape, she expressed her desire to marry the appellant but her family disallowed the same.
-With PTI Input
