The Curse of That Night (13 page)

Chapter 27

Abhijeet

According to
the Section 375 of The Indian Penal Code, 1860; a man is said to have committed ‘rape’ who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six descriptions. First: against her will. Secondly: without her consent. Thirdly: With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly: With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly: With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly: With or without her consent, when she is under sixteen years of age. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

“What is the progress in Aarti’s case?” asked Abhijeet.

“Which case sir?” the PI looked confused.

Abhijeet gave him an intense stare.

“Oh, yes. That rape case. You know sir who is involved in it?” PI asked.

“YES. I very well know WHO is involved in it. Now, tell me about the progress,” said Abhijeet.

“Sir, actually Aarti madam didn’t say anything. How can we assume that it was rape? It could be sex too! So how can we investigate further?”

“According to the Section 114A in The Indian Evidence Act, 1872, in a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved by medical terms and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence that she did not consent, it shall be presumed that she did not consent. So, don’t give me this shit. I know it better than you,” Abhijeet looked straight into PI’s eyes.

“Ok. You want to listen it from her. Aarti…” Abhijeet called Aarti.

“Aarti, tell him what exactly happened with you,” said Abhijeet.

And Aarti told him everything.

“Hmmm… so, Omi Yadav, Suraj and Vijay raped you and
then threw you out of a running Scorpio onto a road and two
persons named Rajat Bhatt and Akhil Shrivastava took you to the hospital. Rajat has identified the registration number of the car too. The medical reports say that it was rape…”

“Are these evidences enough for you to take some action and arrest those assholes?” Abhijeet cut him in between.

“Yes, yes sir. We will issue an arrest warrant and keep them in custody for at least 24 hours,” said PI.

“Aarti madam, just sign here below your statement.”

Aarti signed.

“Sir, I want all three of them behind bars today itself. Fine?” said Abhijeet.

“Sure,” replied PI.

Son of MLA Arrested in a Rape Case

NEW DELHI:
Omi Yadav, son of MLA, Sunil Yadav along with two others has been arrested on suspicion of raping a 17-year-old girl.

“The offences are alleged to have been committed in New Delhi,” the police said.

Neither Omi Yadav, nor his representatives or his father, Mr Sunil Yadav, have commented.

PI, S.K. Rathore said: “Given that a police investigation is under way it would not be appropriate to comment.”

“We take all allegations of sexual abuse extremely seriously and would encourage people with any information about sexual abuse, or anyone who has been a victim of sexual abuse, to come forward and report their concerns confident in the knowledge they will be investigated appropriately and with sensitivity,” said another police official.

Mr Sunil Yadav has an award from the State Government for being a social person working for the welfare of women and his son alleged in a rape case is ironical all the way.

A court trial is on the way.

Chapter 28

Aarti

Rape is a stigma which exists in the society from a long time. The dictionary meaning of the word rape is ‘the ravishing or violation of a woman’. The rape victim i.e. a woman, as woman cannot commit rape due to biological reasons. She is traumatized after the event; it is very difficult for a woman to come out of this trauma. Rape in India is a cognizable offence. There are many provisions in various Acts. The word rape is legally defined under section 375 of Indian Penal Code, 1860. It defines rape and also prescribes its punishment. Whenever a man penetrates or does sexual intercourse with a woman without her consent or will, it amounts to rape. Penetration here means that only a slightest of the touch of
penis to vagina amounts to rape, enraptured hymen of woman does not prove that rape was not committed. There are exceptions to it also i.e. when a man does sexual intercourse with his wife who is above 15 years of age. The rape law under Indian Penal Code has gone through a lot of amendments. In 1983, amendment was made and S. 376 (2) i.e. custodial rape, S. 376 (A) i.e. marital rape
& S. 376 (B to D) i.e. Sexual Intercourse not
amounting to rape were added, strange though but nevertheless added.

The Judiciary in India is burdened with a lot of work and therefore judgment of the rape case comes very late. Sometimes it comes so late that either of the parties had died. So, there is a need for speedy trials in rape cases so that the victim gets justice as it is rightly stated that, ‘Justice delayed is justice denied’.

As every coin has two sides, in this case also there are two sides. Many a times girls also make fake complaints just to ruin the life of a boy. Sometimes, the parents of a girl compel her to file a complaint against the boy she loves, as the law shows a lot of sympathy towards the girl. The accused is left with nothing, when the complaint is made, his life is ruined irrespective of the fact
whether he is proven guilty or not. So, there must be an amendment which equalizes the burden of proof on both the sides and
the law works smoothly. It should be such that it contradicts the statement i.e. ‘Law is there for vigilant’. But, that is not the point. The point is, ‘Why in India, only rich have the power? Why a case is not taken seriously until and unless there is some kind of media interference or pressure? And most importantly, why is justice so delayed?’

Unfortunately, a woman in our country, belongs to a class or group of society who are in a disadvantaged position on account of several social barriers and impediments and have therefore, been victim of tyranny at the hands of men with whom they, under the Constitution ‘enjoy, equal status’. Women also have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honourable and peaceful life.

Rape is a crime against basic human rights and is also violating the victim’s most cherished of the fundamental rights, normally, the right to life contained in Article 21.

And it is rightly said by someone, “While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.”

Yes, Aarti too felt helpless, she too felt degraded. All her dreams, all her hopes washed down the drain in one single night.

“I will not let this happen to some other girl. I will raise my voice against such crimes. I will, I will fight. Fight for justice,” she decided.

Omi Yadav Found Guilty of Rape

New Delhi:
Close on the heels of Delhi gang rape incident in which the victim was also brutally assaulted, the medical report of the victim confirmed rape and brutalization. The report revealed a number of reddish spots on the victim’s body, indicating that the 17 year old girl was raped and assaulted by the miscreants.

With the conformation of rape and assault, the police officials are now compiling evidence against the miscreants.

Police had earlier arrested all the three accused, one of them is a son of MLA Yadav, wanted in connection with the incident.

Deputy SP said, “The medical report has confirmed rape.” He confirmed that the girl had a number of bruise marks on her private parts and body as indicated by the medical report.

As per the victim’s statement, Omi, Vijay and Suraj are the main culprits who assaulted her.

The victim, in her statement, narrated that all the accused escaped from the spot leaving her in an unconscious state on a silent road when she cried for help. The girl was spotted with blood stains on her clothes by two men returning from office.

PI, Mr Rathore said, “An FIR has been registered under relevant section of the IPC. We are awaiting some other reports after which we may consider adding other sections also. We will initiate tough measures against the miscreants.”

Abhijeet Raichand, a very famous lawyer of Delhi is fighting this case.

Chapter 29

Abhijeet

Abhijeet was a bit relieved. Two reasons; First, Malvika was recovering fast and the second, finally the three accused were behind bars. But still, he wanted life imprisonment for them.

“Sir, someone has come to meet you,” came Darsh in his study.

“Who?” and before Darsh could say anything Abhijeet heard a known voice.

“Sunil Yadav!”

He came out.

“
Namaskaar
, Abhijeet
bhai
,” Sunil Yadav did a formal Namaste.

“Nice house,” he said.

“Who is it Abhijeet?” Malvika too came out of her room.

“Oh!
Namaste bhabhi ji
,” Sunil Yadav looked at Malvika.

“Malvika go inside,” commanded Abhijeet.

“What do you want?” asked Abhijeet.

“Arey,
Abhijeet. We are human beings, not God. And mistakes are committed by humans only.
Garam khoon hai
, my son. Now, what else has he done? That girl slapped him and insulted him in front of everyone.
Izzat bhi koi cheez hoti hai na
Abhijeet? I am right
na?”
he looked at Malvika who was still there.

“His ego was hurt and he raped that innocent girl?” said Abhijeet.

“
Haan
, it was necessary to teach her a lesson. Now, take this case back. There’s nothing in it. Thirty lakh, I am offering you. Take it,” said Sunil Yadav laughing.

“You are MLA, right?” asked Malvika.

“Yes,” replied Sunil Yadav.

“A respected figure in the society. No?”

“Yes,” Sunil Yadav smiled.

Phatakkkk…

The sound of that tight slap echoed in the room. Sunil Yadav was stunned.

“I have slapped you, the MLA, in front of your goons. A big question mark on you and your reputation. Right? So, if you have guts, rape me. Don’t think I, Aarti, Darsh or Abhijeet will now back off because of you and your stupid contract killers. GET LOST,” Malvika screamed.

“You all will suffer. You all will,” said Sunil Yadav.

“Helloooo. Abhijeet Raichand is fighting this case now. A lawyer with a hundred percent success rate. So, it will be you and your fucking son who are going to suffer.
Ga** me dam hai to ukaadh le jo ukhaadh sakta hai
,” Abhijeet said looking straight into Sunil’s eyes.

Sunil Yadav had no other option but to leave the place.

Malvika hugged Abhijeet. Abhijeet too gave him a kiss.

“Abhi, I want Omi and all those assholes to be hanged till death,” said Malvika with teary eyes.

“I will do my best,” said Abhijeet.

Abhijeet saw Aarti standing in a corner of the kitchen and observing this whole incident from a distance.

He looked at her and smiled… this is going to be dirty… too dirty…