gang rape

Pune sessions court

sexual assault

minor girl

victim

Indian Penal Code

Never in the past has a woman been charged under section 375 of the IPC, though she may have abetted the crime — Additional public prosecutor Rajesh Kavediya

A 36-year-old woman from Mundhwa has earned the unflattering distinction of being the first woman in the country to be sentenced in acase.Theon Thursday sentenced four people, including the woman, to 20 years’ rigorous imprisonment foron a 12-year-old girl. The court has stated in its judgment that the nature of the offence and the acts perpetrated by the accused are of a heinous nature. It also iterated that the time had come for cases of sexual assault on children to be to be dealt with sensitively.Asha Gaikwad (name changed), a resident of Solapur, Manoj Suresh Jadhav (25), a resident of Mundhwa, Ajay Dipak Jadhav (26), a resident of Mundhwa and Prashant Gurunath Gaikwad (31), a resident of Kharadi, have been found guilty of sexually assaulting ain May 2016.The mother of the girl, who is a government employee in Buldhana, had lodged a complaint with Mundhwa police station on May 31, 2016, about the crime.In her complaint, she had alleged that her daughter was sexually assaulted by three men in Pune. She also complained that her brother’s wife Asha Gaikwad had helped the trio commit the offence.According to the complaint of the mother, her parents, brother and his wife Asha reside in Mundhwa. Her daughter, the, was studying in the seventh standard in Buldhana and had visited Mundhwa in April 2016 for her summer vacation. When she went back to Buldhana, she seemed upset and disturbed. She was so scared that she would mumble without articulating anything clearly. On being pressed by the complainant, she blurted out the entire incident of sexual assault.According to the child, when she had been to her grandmother’s house, Asha had taken her to Prashant Gaikwad’s house in Kharadi. The latter went into another room and asked the victim to chitchat with Manoj. After half an hour, when she came out of the room she asked the victim how she had felt talking with Manoj. She also asked the 12-year-old to marry Manoj and have physical relations with him. The victim refused saying that her father would not appreciate her getting involved in such action.The victim then narrated a second incident wherein Asha took her to a riverside at 7.30 pm. Ajay and Prashant also came there and had sexual intercourse with Asha in the young girl’s presence. The victim felt ashamed and asked Asha why she was doing these things. They then threatened to defame her if she disclosed it to anybody.The victim further stated that on May 14, 2016, Asha took her to Pingale vasti in Mundhwa on the pretext of showing her a flat. Prashant, Ajay and Manoj also came there. When they entered the flat Asha closed the door and pushed the girl on the ground. She then gagged the victim while Prashant held her legs and Ajay her hands. Manoj then sexually assaulted her.Police booked the accused under sections 376, 376 (2)(f), 376 (D), 506, 509 and 34 of thefor sexual assault, gang rape and criminal intimidation and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.During the trial additional public prosecutor Rajesh Kavediya examined seven witnesses. The statement of the victim and the medical evidence were considered as important to the case. Kavediya argued that the victim has suffered severe trauma at the hands of her close relative — the accused — and therefore no leniency would be shown and the maximum punishment should be awarded to her.During the trial, the issue of whether a woman can be held guilty for gang rape was raised, but the prosecution submitted the Supreme Court’s judgments, including Rajendra Datta vs state of Goa, Prithi Chand vs state of HP and Balwant Sing vs state of Punjab.Kavediya told Pune Mirror, “The victim had come for summer vacation to her grandmother’s house. Her maternal aunt took her to a flat in Pingale Vasti, where she pushed the minor to the floor and removed her clothes. Ajay and Prashant held her hands and legs while Manoj sexually assaulted her. Never in the past has a woman been charged under section 375 of the IPC though she may have abetted the crime. Earlier, the section was limited to the word ‘a man’, however, after the amendment came into force on February 3, 2013, the word ‘regardless of gender’ has been added. This term covers man, woman and transgender. The prosecution proved that in this case the woman is the main culprit as she had helped the accused in the crime.”“It is a severe trauma in this case since the abuser is a close relative in whom the victim had trusted and hence she qualified as a natural protector, the incident left the child in a traumatic state,” the public prosecutor added.The sentence was awarded by additional sessions judge Subhash Karhale.