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AHMEDABAD: A city sessions court has sentenced a man and his wife with 10 years in jail in a rape case in which they had detained an 18-year-old and the man repeatedly raped her with help from his wife.
Babubhai Vegda, 35, and his wife Madhuben, 46, the accused, detained a teen in their home on the pretext of arranging her stay in a hostel.
The girl was raised in an orphanage and on turning 18, she returned to live with her grandparents. In August 2018, the Vegdas convinced the victim’s family to send her with them by promising to get her admitted to a hostel.
However, they did not take her to a hostel; Instead, the couple detained her in their house in Vatva.
She was also taken to Chotila temple, where Babubhai claimed to have married her.
When the girl finally registered a complaint with Isanpur police station, she alleged that Babubhai used to introduce her to the neighbors as his wife. Madhuben introduced the victim as her daughter-in-law and Babubhai as her son, the complaint stated.
The victim managed to escape when she spotted her family members in the market. In her complaint, she alleged that Babubhai repeatedly raped her after issuing threats while his wife aided him in the crime. Babubhai was charged with rape and criminal intimidation while his wife was booked for abetment and illegal detention.
During the trial, the defense lawyer argued that there was no sign of force and the victim had willingly entered into the relationship. A few photographs of their intimate moments were also produced in the court to claim that the victim appeared happy in the accused’s company.
Additional sessions judge MA Mirza refused to accept the arguments that the victim was happy in the company of the accused and came to a conclusion that it was not a consensual relationship.
The court observed that the wife’s abetment in the entire episode had been established as she had given false identity of the victim to the neighbors, and that she actively participated in forced detention. The court concluded that the couple tried to convince the girl that she was married to Babubhai, although no marriage was performed. It was obvious that under such an illusion the victim submitted to the accused’s wish and there would be no sign of resistance. This cannot be construed as consent, the court said.
While punishing the couple, the court said that a rape is more heinous a crime than a murder. A civilized society cannot pardon a man for raping a girl his daughter’s age and that too in the presence of his wife. The court has also ordered to compensate the victim within two months under the Gujarat Victim Compensation Scheme.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
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