A sessions court in Mumbai on Monday delivered a stern verdict, convicting and sentencing a 31-year-old auto-rickshaw driver to 10 years of rigorous imprisonment for the brutal rape, physical assault, and robbery of a 62-year-old woman back in 2018. The court deemed the minimum prescribed sentence sufficient for this first-time offender.
The Deceptive Lure and Horrific Crime
The traumatic incident dates back to September 21, 2018. The victim, a 62-year-old woman, was on her way to work in Borivli when she was approached by the accused, Jignesh Rajani. Pretending to be a friend of her son, Rajani spun a false tale, claiming her son was in trouble for intending to marry a Muslim girl and was surrounded by her family at a hotel.
Exploiting the mother's distress, Rajani offered to drive her to the supposed location in his auto-rickshaw. Instead, he drove her to a remote, isolated area near Ghodbunder Road and the Gujarat Western Highway, past Bhayander Bridge. After stopping to give her tea, he took her to a desolate spot covered with bushes.
There, the accused brandished a knife, beat her, and inflicted injuries on her cheeks, hands, and back. He then forcibly raped the terrified woman. Following the sexual assault, he robbed her of her gold earrings, valued at around Rs 20,000, and cash amounting to Rs 15,000. Before fleeing in his auto, he took her clothes, leaving her naked and battered with the chilling words, "Tu idhar hi padi reh" (You lay here only).
Struggle for Justice and Court Proceedings
The victim, in a state of shock, covered herself with a plastic bag and managed to reach the roadside. A kind passerby assisted her, took her home, provided clothing, and dropped her at the Mandavi Police Chowky. After being taken home by police, her son admitted her to Shatabdi Hospital, where she remained until October 3, 2018.
Initially, due to fear and the stigma associated with such crimes, the victim only reported robbery and cheating in her statement on September 23, 2018. It was only five days later, in a supplementary statement, that she disclosed the horrific rape. The case was registered at the MHB Police Station.
Additional Sessions Judge SM Agarkar, presiding over the case, highlighted the victim's courage, calling her the "star and material witness" and finding her evidence "natural and consistent." The judge dismissed the initial delay in reporting the rape, noting the common hesitation in Indian society due to fear of stigma.
The accused was arrested by the Crime Branch within five days, and the victim identified him in a Test Identification Parade. During the trial, Rajani offered a bizarre defense, claiming a consensual relationship since 2012 and even alleging the victim offered him a Viagra pill. The court strongly refuted this claim, citing the victim's denial, the medical evidence, and the fact that the accused was found with a large sum of money (Rs 15,000) matching the stolen amount, which he could not explain.
Verdict and Path to Rehabilitation
While observing the heinous nature of the crime, Judge Agarkar noted that the minimum sentence of 10 years, as enhanced by the Criminal Law (Amendment) Act, 2018, would meet the ends of justice as it was the accused's first offence. The time Rajani has spent in jail since his 2018 arrest will be set off against this sentence.
In a significant move towards victim support, the court directed the District Legal Services Authority (DLSA) to assess and provide reasonable compensation to the survivor for her rehabilitation. This compensation will consider her age, mental trauma, and the severity of the offence.
This verdict underscores the judiciary's firm stance on crimes against women, especially senior citizens, while also acknowledging the systemic and social hurdles victims often face in their pursuit of justice.
