Bombay High Court reduces rape convict's life sentence to 10 years jail, says survivor was aware of consequences despite mild mental retardation

The life sentence of a man convicted for rape of a woman with mild mental retardation was reduced to 10 years jail by the Bombay High Court on the ground that the woman was in a position to know the consequences of having physical relations with the man and despite that went with him to the crime spot [Anil Ramesh Kolhe vs State of Maharashtra].A division bench of Justices Ajay Gadkari and Milind Jadhav maintained that since the case involves a woman with mild mental retardation, the matter should be considered with utmost sensitivity. Hence, it upheld the man's conviction for rape based on the DNA evidence despite the man contending that the sexual intercourse was consensual. However, the bench noted that though the survivor was suffering from mild mental retardation, she accompanied the convict knowing the consequences of her actions and, thus, life sentence would be harsh."The victim's testimony suggests that being aware of the consequences of having physical relations with the appellant, she continued the same and at least on five occasions she went along with him to the secluded spot of incident. This clearly shows that though on the one hand she is suffering from mild mental retardation, but on the other hand she was in a position to know the consequences of her acts. Therefore, we are of the considered opinion that the sentence of life imprisonment for the remainder of his life, imposed by the trial court on him is harsh and not determinative of the offence in the facts of the present case," the bench said..As per the prosecution case, the appellant had committed rape on the victim at least five times at a secluded place near Kasara town in Thane district. He claimed that it was a love affair between him and the victim and the sexual intercourse was consensual.The offence came to light only after a few months when the other women in the victim's house doubted that she was pregnant and she was taken to a hospital where her pregnancy was confirmed. Subsequently, a First Information Report (FIR) was lodged against an unknown person and during probe it the appellant was arrested.The victim, subsequently, gave birth to a male child, whose DNA matched with that of the appellant and the victim.The special court in Kalyan district on January 28, 2016 sentenced the appellant to life imprisonment for the remainder of life..The High Court noted from the statements of the victim, that apart from narrating the entire incident of rape, she expressed her desire to marry the appellant but her family disallowed the same. It further took into account the mental health report of the victim, which concluded that she had mild mental retardation."Reading of the medical evidence coupled with the evidence of the victim shows that though she was major, she was capable of understanding the consequences of her acts, however considering her mental condition or disability which is certified and does not stand disproved, appellant took advantage of the victim and committed the offence," the bench opined..The bench reiterated the observations of the Supreme Court that rape is not merely a physical assault but it destructs the whole personality of the helpless woman."In the present case, the victim is helpless mild mentally retarded girl and thus, the present case requires to be dealt with utmost sensitivity, her privacy and personal integrity has been shattered by the appellant," the bench observed while upholding the conviction.However, the bench commuted the life sentence imposed on the appellant to 10 years jail term. It also enhanced the fine amount to ₹50,000..Advocates Aniket Vagal and Kunal Pednekar appeared for the appellant.Additional Public Prosecutor Ajay Patil represented the State..[Read Judgment]