Man gets 5-yr RI for rape attempt

He is nailed by mentally challenged victim’s testimony

A court on Thursday sentenced a 38-year-old man to five years’ rigorous imprisonment (RI) for trying to rape a 16-year-old mentally challenged girl in Kurla last year. The girl’s testimony nailed the accused.

On June 10, 2007 the victim’s cousin saw the accused, Vijay Jaiswal, a guest of a tenant in their area, trying to rape the girl on the mezzanine floor of a small-scale factory which produced dye moulds. Next day, the girl’s family filed a case of rape at the Vinobha Bhave Nagar police station in Kurla.

Additional public prosecutor Usha Kiran Makasare examined 11 witnesses including the victim herself, her father, the victim’s cousin (complainant in the case), doctors and a psychiatrist. The victim identified the accused in court and even described the incident at length. “The victim studied up to Standard VII and has a low IQ. She remembers what happened, but is not able to understand what is happening to her,” said Makasare.

The psychiatrist’s deposition explaining that the victim can recall the truth and depose properly corroborated the prosecution’s case. “Since the sexual act was not complete as the complainant had screamed at the accused, the court convicted the accused for attempt to rape,” said Makasare.

Additional sessions judge PV Ganedivala convicted and sentenced Jaiswal to five years’ RI on charges of attempt to commit rape.
r_menaka@dnaindia.net