In a recent case in New Delhi a mentally disabled woman was raped by two persons. The two accused were convicted under Section 324, 375(1), 366, and 376 D of Indian Penal Code, 1860 for raping a mentally challenged woman and was given a punishment of imprisonment for 20 years with a fine of twenty- six thousand rupees by the Delhi High Court.
The accused argued against the conviction which was filed against him and said that there was mistake of identity and was further pointed out by them that since the MLC report rule out the presence of spermatozoa on the vaginal swab, the possibility of vaginal penetration is ruled out. But the court rejected the claim regarding MLC report by saying that the seminal discharge is not important for the offence of rape to be proved.
The prosecutrix was 22 years old and was of unsound mind as her mental growth had stopped and her intelligent quotient was very low. This was put up in the court for several times by her mother and further she was sent to the Psychiatry department of All India Institute of Medical Science (AIIMS) and was found to be of moderate intellectual disability.
The Delhi High Court further highlighted that when called upon to explain the incriminating circumstances both the appellants came up not merely with vague denials but also false and contradictory narratives. Thus the court was inlined to order the quantum of fine with rigorous imprisonment of 20 years.
Tags : #women #rape #newdelhi #mentallydisabledwomen