20 yrs jail for 3 who raped intellectually disabled teen | Mumbai News – Times of India

Mumbai: Observing that since the 19-year-old woman was intellectually disabled, her consent was invalid, a sessions court on Thursday convicted and sentenced three men to 20 years of rigorous imprisonment on charges of repeatedly gang-raping her over a period of four months in 2016. The men, one of whom even got her pregnant, were her father’s friends and would bribe her with money and food. The victim told the court that her father used to send her money through one of the accused. She said the accused used to tell her that he would give her the money only if she had sex with him. The other two would also join him at his house.“The victim is proved to be intellectually challenged; she does not have an understanding of the consequences. In view of section 90 of Indian Penal Code, considering the physical and mental condition of the victim, I am of the opinion that in fact and circumstances of the case, it cannot be stated that there was consent of the victim for the act,” additional sessions judge AA Kulkarni said.According to section 90 of Indian Penal Code, consent is not legally valid if given by someone who, due to unsoundness of mind or intoxication, is incapable of understanding the nature and potential consequences of their actions.The accused are aged 35, 42, and 52 and have been in jail for nine years. They were also fined a total of Rs 1.5 lakh, which will be given to the woman as compensation. “Moreover, I am of the view that the amount of fine, if awarded to the accused, would not be sufficient to meet the expenditure of medical treatment and rehabilitation of the victim. Therefore, the victim is entitled to get compensation through the District Legal Services Authority,” the judge said. While the maximum sentence is life imprisonment, the judge noted that the minimum punishment would meet the ends of justice.The woman lived with her paternal aunt and her family members in the city while her father worked in another state. She was alone at home while the others went to work. The crime came to light in Feb 2016 when the woman’s aunt noticed that she had missed her period for two consecutive months and made her take a pregnancy test. The woman then revealed that her father’s friends would have sex with her. She identified the trio after her family confronted the accused.An FIR was registered. The pregnancy was terminated.