A 23-year old man was convicted by the Delhi court for allegedly raping a mentally-challenged girl. He has been punished with imprisonment for 10 years. The girl got separated from her family during a spiritual program where the man took advantage of vulnerability of the victim.
On November 14,2014 at 12.30 AM when a DTC bus driver was returning home on his motorcycle saw a man lying upon a nude girl near a foot path at gopalpur in north Delhi. He immediately reported this incident to the police.
Delhi resident Durgesh Pandey was awarded the jail term by Kaveri Baweja, additional session judge for manipulating the girl's body in such a manner to rape her.
"The accused had manipulated the body of the girl in such a manner to cause penetration and to my mind thereby committed offene of rape as defined under section 375 (c) (a man is said to have committed rape if he manipulates any part of a woman's body so as to cause penetration) of the IPC," it said.
"Victim was mentally disabled. Convict by taking advantage of vulnerability of victim, raped her, as he was found lying upon her and as per testimonies of eyewitnesses, victim was in nude condition and accused had lowered his pants," the court said and relied on the testimonies of eyewitnesses.
It also said that "accused is guilty of rape though there is no evidence of penetrative sexual assault by him". The court took note of the fact that the victim has identified her perpetrator though she was not able to narrate the incident due to her disability.