Justice Sadhna Jadhav dismissed the accused Aftab Shaikh's plea that the rape survivor had consented to the act by pointing to the note discovered by her mother following a suicide attempt.
"The victim had undergone a traumatic condition since she was a victim of rape. She was scared of social humiliation and indignation and, therefore, had even attempted to commit suicide," Justice Jadhav said.
The court upheld a trial court order punishing Shaikh with seven years rigorous imprisonment.
She has written a note to that effect which was found by the mother subsequently. Hence, it cannot be said that the victim was a consenting party. The victim had also quit the job soon after the incident. In the eventuality that she was a consenting party, she would have continued with her job," said Justice Jadhav.
"The whole incident had come to light only after her mother had found the chit written by the victim. There is nothing on record to even remotely indicate that the survivor has falsely implicated," Justice Jadhav added. The high court also said that the rape survivor would also be entitled to seek compensation under the new provisions of the law enacted to provide relief. The law ensures that every rape survivor is given compensation ranging between Rs 1.5 lakh and Rs 3 lakh, depending on her rehabilitation needs.
The incident dates back to December 2010, when the rape survivor who was looking for a job was introduced to Shaikh. She started working with Shaikh on December 13, 2010, which involved accompanying the accused to collect dues from jewellery shops and other establishments.
On December 17, Shaikh took her to a hotel in Juhu under the guise of collecting money and allegedly raped her. The survivor stopped going to work after the incident and following calls from the accused threatening her to come back to work she tried to commit suicide by consuming rat poison.
Initially, a complaint was registered against the accused for making calls. Subsequently, with the support of her mother, who found a suicide chit in her notebooks, the survivor lodged a complaint alleging she was raped. A doctor who had examined the survivor following her suicide attempt stated before the court that she had told the doctors that she was raped.
"It can be safely inferred that the prosecution has proved the guilt of the accused beyond reasonable doubt," said the high court while holding Shaikh guilty of the rape charges.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Suicide note,Employer gets 7 years in jail for raping staff
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