Sandeep Rawat hailing from Uttarakhand had raped the victim in front of her grandmother, Premwati, by incapicitating her while they were sleeping on April 12, 2008.
A Delhi court has sentenced a man to ten years rigorous imprisonment for raping a 12-year-old mentally challenged girl, terming his act as a classic example of "barbarism".
"The gravity of offence and de-humanizing act of the convict made the victim undergo trauma of the offence perpetrated against her body and soul. She is not only disturbed emotionally, but felt acerbated and mentally perturbed," additional session judge Atul Kumar Garg said. The court also imposed a fine of Rs5000 on the convict, Sandeep Rawat.
Rawat, hailing from Uttarakhand had raped the victim in front of her grandmother, Premwati, by incapicitating her while they were sleeping on April 12, 2008. He was living in a rented accommodation in the neighbourhood of the victim's family in the same building.
During the trial, he claimed innocence on the ground that the victim was neither examined by the prosecution nor her statement was found on the record. However, the court, declining his argument, said that it a was futile excercise as the girl was neither able to understand the nature of the questions nor was able to speak.
"When the child is mentally weak and is not able to understand the fact then no useful purpose would be served in examining such witnesses," the court said. The court, while deciding the convict's sentence, refused to show any leniency to him, taking into account the mental condition of the victim.
"Such a woman is defnitely at a more vulnerable situation. A rapist in such a case in addition to physical ravishment exploits her mental non-development and helplessness as happened in the present case," the court said.
Holding the accused guilty of rape, the court relied substantially on the uncontroverted testimony of Premwati, who said that when she tried to rescue the victim, Rawat tied her hand and mouth and committed the act in front of her.
The court also declined the plea of consent raised by the convict, saying there was no such chance as victim was a minor as well as of unsound mind.
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