HC denies leniency to ageing rape convict

A rapist does not deserve sympathy even if he is a senior citizen, the Bombay High Court (HC) has ruled. Urvi Mahajani reports...

A rapist does not deserve sympathy even if he is a senior citizen, the Bombay High Court (HC) has ruled.

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The Nagpur bench of the HC dismissed 61-year-old Ganpat Nadekar’s appeal seeking lenient punishment for raping a 12-year-old girl on May 5, 2007. The sessions court at Nagpur convicted Nadekar to ten years’ rigorous imprisonment.

“There is no adequate and sufficient or special reason warranting sympathy to [the] appellant and consequently to reduce substantive sentence of imprisonment,” said Justice A.P. Bhangale.

The prosecution said that Nadekar had lured the girl to his house with money and raped her. He then threatened to kill her if she told anyone about the incident and gave her Rs 7.

The girl informed her mother the next day and Nadekar was arrested on May 6, 2007. His clothes — a dhoti and full-sleeved white shirt — were seized and sent for chemical analysis.

Nadekar had appealed to the HC claiming he was deprived of his right to defence because he did not get a lawyer of his choice.

The prosecution said he was given time to appoint a private lawyer. When he could not, he was provided with a lawyer from the legal aid panel.

When the HC rejected this argument, Nadekar sought leniency in punishment on grounds of his age. Justice Bhangale rejected his appeal stating that according to various Supreme Court judgments, “courts are expected to deal with cases of sexual crime against woman with utmost sensitivity”.

“It (rape) destroys the psychology of a woman and pushes her into deep emotional crises,” the court said.

“Sexual violence apart from being a dehumanising act is an unlawful intrusion on the right of privacy and sanctity of a female... and where the victim is a helpless innocent child or a minor it leaves behind a traumatic experience.”A rapist does not deserve sympathy even if he is a senior citizen, the Bombay High Court (HC) has ruled.

The Nagpur bench of the HC dismissed 61-year-old Ganpat Nadekar’s appeal seeking lenient punishment for raping a 12-year-old girl on May 5, 2007. The sessions court at Nagpur convicted Nadekar to ten years’ rigorous imprisonment.

“There is no adequate and sufficient or special reason warranting sympathy to [the] appellant and consequently to reduce substantive sentence of imprisonment,” said Justice A.P. Bhangale.

The prosecution said that Nadekar had lured the girl to his house with money and raped her. He then threatened to kill her if she told anyone about the incident and gave her Rs 7.

The girl informed her mother the next day and Nadekar was arrested on May 6, 2007. His clothes — a dhoti and full-sleeved white shirt — were seized and sent for chemical analysis.

Nadekar had appealed to the HC claiming he was deprived of his right to defence because he did not get a lawyer of his choice.

The prosecution said he was given time to appoint a private lawyer. When he could not, he was provided with a lawyer from the legal aid panel.

When the HC rejected this argument, Nadekar sought leniency in punishment on grounds of his age. Justice Bhangale rejected his appeal stating that according to various Supreme Court judgments, “courts are expected to deal with cases of sexual crime against woman with utmost sensitivity”.

“It (rape) destroys the psychology of a woman and pushes her into deep emotional crises,” the court said.

“Sexual violence apart from being a dehumanising act is an unlawful intrusion on the right of privacy and sanctity of a female... and where the victim is a helpless innocent child or a minor it leaves behind a traumatic experience.”