Santosh Lambhkhande was sentenced to five years’ rigorous imprisonment by Judge KU Chandiwal for raping four-year-old Tara’s mother in 2002.
MUMBAI: For the first time, a paternity test was used as evidence to convict a rapist. Santosh Lambhkhande was sentenced to five years’ rigorous imprisonment on Thursday by Judge KU Chandiwal for raping four-year-old Tara’s (name changed) mother in 2002. Santosh was ordered to pay Rs20,000 in compensation to the victim, Radha (name changed).
The judge accepted prosecutor DK Joshi’s argument: “Sexual intercourse against the will of the lady is rape under law; but to lure her under false pretext to a place/position and then have sexual intercourse with her, is equally a rape. Prosecution has proved both events.”
“A DNA test, conducted on October 27, 2006, confirmed Tara’s paternity. This, along with statements made by Radha, her mother, Shaku, Santosh’s friends and police personnel, have proved beyond a shadow of doubt that Santosh had sexual intercourse with Radha against her will,”Joshi added.
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t was alleged that in August 1999, Santosh, then aged 20, professed love for Radha, then 17, but she declined. Santosh, however, refused to give up. As both of them lived in the same locality in Mahim, it was difficult for Radha to give Santosh the brush. By December 1999, he convinced Radha of his honourable intentions. They started to date, but soon thereafter, Santosh started pestering Radha for sex. She firmly declined his overtures.
Radha testified that in the third week of April 2001, Santosh gifted her an engagement ring and invited her home. Radha went, but instead of finding his family members, she found a roomful of friends. The friends left after an hour and before Radha could leave, Santosh pounced on her, tore away her clothes and raped her.
“I did not tell my family about the rape, but I kept away from Santosh,” Radha told the court. “Then, one Wednesday he came to the church, and promised to marry me”
Santosh once again betrayed Radha’s confidence when he raped her for a second time on June 24, 2001. This time, she stopped seeing Santosh altogether. When she suspected that she had conceived, she confided to her sister. Meanwhile, some friends informed Shaku of Radha’s pregnancy and Santosh’s role in it. Shaku said that she spoke to Santosh and his mother, but they both slighted Radha, saying she was not “a good enough girl for Santosh after the rape incidents”.
Shaku, along with Santosh’s friends, approached the police, who tried to resolve the matter. Santosh promised the cops that he would marry Radha at Bandra court on October 30, 2001, but he never turned up.
Finally, on November 5, 2001, police registered Radha’s complaint.
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