This is the verdict that a Mumbai has given. The case dates back to April, 2006 when the victim — a domestic help — alleged that a man, Kashinath, accosted her while she was on her way to work, dragged her to a secluded place and raped her. There was no delay in lodging a complaint and an FIR was filed at the Parksite police station in Vikhroli.
The police had booked Kashinath only under Section 376 for rape and did not bring charges of molestation or assault against him. He was arrested but was later released on bail while the matter was still pending in a sessions court.
During the trial the victim was asked by the public prosecuter Usha Makasare about the whole incidence. She revealed that she had been married for two years but did not have any sexual relationship with her husband. The husband later abandoned her and since then she had been living on her own for the past 10 years now. The victim also said in her testimony that she had never had menstrual cycles.
A doctor from Rajawadi Hospital also examined her and gave his medical evidence said that the woman’s sexual organs were not fully formed, there were some discrepancies in in the woman’s description of the scene of crime so the judge felt there was not enough evidence to put Kashinath behind the bars so he was freed.
What is shocking in this judgement is the justice has been denied to the victim twice. First nature has been unjust not developing her sexual organs thus denying her the right to live a normal life of female.Secondly she was dragged to be raped, the culprit did have intention of raping her and may be he committed the act also but because of her undeveloped organs the real act of penetration did not take place so the judgement went against her.And since the police did not register the case under molestation and assault she was denied justice at that end also.How does a woman working as maid knows about these IPCs.Even an educated person can be legally illiterate.Is this ignorance her fault? Ruchika is lucky in the sense she has her friend fighting for her but for this woman the justice is denied at least for now.
