Man acquitted of rape charge
HERALD REPORTER
PANJIM, MAY 29
The City Fast Track court on Saturday acquitted a man who was held on the charge of raping a 34-year-old deaf and dump woman from Pernem.
The Additional Sessions Judge – I, Vijaya D Pol set the accused Kalidas Kaskar free on the grounds that the victim was a consenting party to sexual intercourse with the accused not once but several times after the first alleged incidents of rape.
The complaint of rape was filed at Pernem Police Station by the victim saying prior to October 10, 2006, the accused raped her and threatened to slit her neck with coita if she disclosed about the happenings to anyone.
The victim was staying alone in her house and made a living by selling coconuts. The alleged incident of rape came to light as she became pregnant and consequently a complaint came to be filed against the accused charging him for rape and threatening with dire consequences.
The accused is a married with three children and reportedly offered to pay for termination of the pregnancy. But the victim could not go in for abortion as she was seven months pregnant when her status came to light.
While deciding the case the court observed that the fact accused offering money for abortion to the victim was immaterial once the evidence suggests her consent. The court laid stress on the fact that prior to this incident she had lodged a complaint against her brother at Arambol police out post and as such, there was no reason as to why she could not lodge a police complaint against the accused even after so many months of the incidents.
This case proved pretty tough to the prosecution in getting deposition of the victim and proves the charges as she is dumb and deaf even though it tried to prove that due to her physical disabilities she was not able to grasp what was happening to her and that she stayed alone in the house.
The prosecution though hired services of the interpreter that did not help much to support their case since victim had no formal education in sign language.
“The victim was a consenting party to sexual intercourse with the accused not once but more than once resulting in her pregnancy and therefore, she never lodged any complaint against the accused,” the court observed.
The victim girl on delivery gave the child for adoption and it is learnt she vehemently declined to keep the baby.
