The Bombay High Court recently confirmed the seven-year rigorous imprisonment awarded to a 27-year-old man for raping a girl, who was his employee, in 2010. The court relied on the victim's testimony for the conviction.
Holding Aftab Shaik guilty of the crime and agreeing with his sentencing by the trial court, Justice Sadhana Jadhav said the girl had faced a lot of trauma and even attempted to commit suicide. "Hence, it cannot be said that the victim was a consenting party," the court said.
According to the prosecution, a neighbour introduced the victim to the rapist, who hired her. On December 17, 2010, Shaik took the girl to a guest house in Juhu and raped her. He dropped her home and threatened the girl of dire consequences if she told about the incident to anyone.
Few days later, the girl wrote a note to her mother and tried to kill herself by consuming poison. Fortunately, she was taken to hospital in time and saved. She then filed a police complaint, leading to Shaik's arrest.
During trial, eight witnesses testified against Shaik, who was convicted in 2013. The rapist then challenged the judgment in the HC, contending that the victim had consented to the sexual act.
The HC observed that the girl had quit the job after the incident and there was no need for her to do so if she were a consenting party. Rejecting Shaik's appeal, the court said, "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 victim/survivor has falsely implicated the appellant."