Shunned by parents, 11-year-old ensures ‘chachu who raped her to drive away evil spirits’ is sent to jail for life
The girl’s family in Mysore sent her to stay with the convict, Fazal Dafedar, in September 2014 in Mumbai, so she could be treated for “evil spirits”mumbai Updated: Aug 16, 2017 15:30 IST
Undeterred by the lack of family support, a 11-year-old Mumbai girl testified against her distant relative to ensure he got life imprisonment for “raping her to drive away evil spirits”.
The girl’s family in Mysore sent her to stay with the convict, Fazal Dafedar, in Mumbai in September 2014, so she could be treated for “evil spirits”. The girl, in her testimony, alleged on October 23, 2014, all members of the Dafedar family left for Gujarat for a week. The girl was asked to stay back with Dafedar, whom she referred to as ‘chachu’. The child alleged Dafedar raped her over three days, confined her to a room and threatened to kill her if she told the family about it.
On October 26, when Dafedar went for a bath, she managed to escape and tell her neighbour about the incident. The neighbour took her to the police station the next day. The girl was sent for medical examination, but the doctor did not examine her hymen, said prosecution. The medical report, too, stated there were “no signs of force used and suggestive of vaginal and anal intercourse”.
The court, however, held the accused guilty on the basis of testimony of the girl and other corroborative evidence. “The prosecution has sufficiently established the factual foundation that the girl was residing in the home under the shelter of the accused, who was her guardian, and he himself committed penetrative sexual assault and rape,” the court observed.
The girl was moved to an orphanage after the incident. “It would not be out of place that this is a distinct case, where the victim’s parents have not been to depose in the court. Rather the prosecution has chosen not to examine them. Generally, parents are the first persons to raise voice for the cause of their child, but here is a case where parents have not turned up for the cause of their child. There is material on record to the extent that the victim’s parents went to meet her in the orphanage with relatives of the accused,” the court observed.
The girl has refused to go back home and wants to stay in the orphanage as she said she would not be able to study at home.
“Keeping in view the trauma, plight of the victim, lifelong impact on the psyche of the victim due to the act of the accused and the circumstances put forth by him, in my view, the following sentence would meet the ends of justice. Moreover, keeping in view the fact the child is near about homeless, parentless and is residing in an orphanage after the incident, it is necessary to grant some reasonable amount as compensation to make good of the loss sustained by the victim to some extent.”
The court has now asked the convict to pay compensation of Rs50,000 which would be paid to the girl when she turns 18.
First Published: Aug 16, 2017 11:47 IST