A Mumbai sessions court has delivered a significant verdict, convicting and sentencing a 37-year-old labourer to ten years of rigorous imprisonment for the abduction and repeated rape of a mentally challenged woman in 2016. The court firmly rejected the accused's claim of a consensual relationship, invoking a crucial section of the Indian Penal Code that protects individuals of unsound mind.
Court Rejects Consent Plea, Cites Victim's Mental Age
Additional Sessions Judge Ashwini D Lokhande presided over the case, which centered on the legal validity of consent. The accused, Dayanand Puran Chaudhary, had argued that he and the victim were in a love affair and that the sexual relationship was consensual. However, the judge dismissed this defense outright.
The judgment relied heavily on the medical assessment of the victim, who suffers from moderate mental retardation and possesses the functional age of a child between six and ten years. Psychiatric expert Dr. Alka Anand Subramanium from Nair Hospital confirmed the victim's intellectual disability in her testimony.
Judge Lokhande invoked Section 90 of the Indian Penal Code, which explicitly states that consent given by a person of unsound mind is not valid in the eyes of the law. "In the present case, though the consent was given by the victim to the accused, it would not amount to consent as the victim was a mentally retarded person, not knowing the consequences of her consent," the judge observed.
The Harrowing Ordeal of November 2016
The incident dates back to November 3, 2016. The victim, who made imitation jewelry for a living, left her home to purchase materials. According to her deposition and her mother's statement, she was abducted by Chaudhary, a neighbour she recognized.
The victim recounted being forcibly taken in an autorickshaw to a confined location, where she was held captive for four to five days and sexually assaulted multiple times. She managed to escape and return home, after which her mother immediately reported the crime to the police. Chaudhary was arrested on November 12, 2016, and has remained in custody since.
During her video conference deposition, the victim, who never attended school and struggles with dates and memory, clearly identified the accused and her clothing. She consistently denied giving any consent for sexual relations.
Sentencing and Compensation for the Victim
In pronouncing the sentence, Judge Lokhande emphasized the gravity of the crime and the profound vulnerability of the victim. "The incident has caused an adverse impact on the body and soul of the victim girl who was mentally retarded and was carrying the age of 6 to 10 years," the judge stated. The court noted that the accused took deliberate advantage of her inability to understand his intentions.
Dayanand Puran Chaudhary was convicted under charges of rape and kidnapping. The court sentenced him to ten years of rigorous imprisonment and imposed a fine of Rs 30,000. A portion of this fine is to be paid to the victim as compensation. The court also granted him a set-off for the time he has already spent in jail since his arrest.
This judgment underscores the legal protections for individuals with intellectual disabilities and sets a precedent on the interpretation of consent, ensuring that perpetrators cannot exploit mental incapacity as a defense.
