MUMBAI: Relying on Supreme Court’s observation that the testimony of a person with a disability can’t be considered weak or inferior only because they interact with the world in a different manner, a sessions court recently sentenced a 35-year-old salon worker to 10 years of rigorous imprisonment for abduction and rape of a woman with moderate intellectual disability in 2019, marking a rare conviction under Rights of Persons with Disabilities Act.Calling the victim a “sterling witness”, judge Surekha A Sinha found the man guilty on multiple counts, including rape under IPC. He was given one year in jail under Section 92(b) of Disabilities Act (assaulting or using force against a person with a disability). The sentences are to run concurrently.Psychiatrists deposed that while the woman was 25 years old physically, her social age was around seven years and two months, with an IQ of 36.According to the prosecution, on April 29, 2019, the survivor’s mother noticed that she had gone missing after the family returned from voting in the Lok Sabha polls. When the woman returned home shortly after, she was in tears and revealed her assault. She said while playing in a nearby lane, the accused caught her hand and forcibly took her to the mezzanine floor of his residence. There, he threatened her with a knife, gagged her with a pillow, and sexually assaulted her. To destroy evidence, she said, the man washed her with soap.During trial, special public prosecutor Geeta Sharma examined 14 witnesses. While forensic reports were inconclusive — a result the prosecution attributed to the accused washing the victim after the assault — medical experts provided critical testimony. Doctors confirmed that the victim had suffered physical trauma consistent with sexual assault.The defence said the case was built on hearsay and cited minor discrepancies in the testimony. The judge rejected these, saying the testimony of a person with a disability must be treated with “utmost sensitivity”. “Minor discrepancies and contradictions are not fatal to the case of prosecution. Courts cannot cling to a fossil formula and insist upon corroboration even if, taken as a whole, the case spoken of by the victim of sex crime strikes the judicial mind as probable.”About the AuthorRebecca SamervelArmed with a degree in political science and law, Rebecca Samervel waltzed into journalism after a brief stint in modeling. As a reporter at The Times of India, Mumbai, she covers courts. She is a self-confessed food-a-holic. Travelling, politics and television are her passions. If you want to find her during the week the only place to look is the Bombay high court.Read MoreEnd of ArticleFollow Us On Social MediaVideos”BJP People Are Mute” Owaisi Targets PM Modi Over Trump’s ‘Make Me Happy’ RemarkBMC Becomes Mega Battleground As Thackerays Reunite And Alliances Shift Ahead Of Civic Wars 2026Deepam row: Piyush Goyal Accuses MK Stalin Govt Of Targeting Hindu TraditionsDonald Trump, Venezuela And India: Prithviraj Chavan’s Remark On PM Modi Kidnapping Sparks Row’Hindus Will Not Be Allowed To Stay’: BNP Candidate’s Threat Sparks Alarm Amid Bangladesh KillingsNepal Imposes Curfew In Birgunj Near India Border After Social Media Sparks Religious TensionsHyderabad Techie Murdered In US: Father Denies Love Angle, Seeks Justice Across BordersIndia Speeds Up Chenab Hydropower Projects, Redrawing Indus Rivers Water Control Lines For PakistanPolitical War Erupts After JNU Slogans Target PM Modi Following Umar Khalid Bail Rejection VerdictUS Senator Claims India Cut Russian Oil Buys And Sought Trump Tariff Relief Amid Pressure Bid On Oil123PhotostoriesRobin Sharma reveals 5 super habits to be successful in lifeBirthday special: Bipasha Basu’s best movies to watch on OTTChef Sanjeev Kapoor shares 14 kitchen tips that make life easierHow to make Anda Paratha for breakfastJiya Shankar and her love for ethnic wear: Surreal looks in sarees, lehengas, and more12 railway stations and the foods they are famous forFull list of the winners of ‘MasterChef India’: From Pankaj Bhadouria to Mohammed Ashiq5 simple neck exercises to ease stiffness and restore mobilityWhere will you be this Makar Sankranti? 5 best destinations in India to witness the festivalFrom opening up about losing a leg in a tragic accident to being unemployed for 7 years after Naache Mayuri: When Sudha Chandran spoke about life, parent’s support and career123Hot PicksBudget 2026Vande Bharat Sleeper TrainPublic holidays January 2026Gold rate todayUS Visa BondsCigarette tax hikeBank Holidays JanuaryTop TrendingSan Francisco 49ersPaige Bueckers vs Sophie Cunningham Net WorthWho is Lenny DykstraYouTube Ad Changes In VietnamWayne GretzkyKliff KingsburyKevin StefanskiChicago Bulls vs Boston CelticsTaylor SwiftWho is Kris Humphries
MUMBAI: Relying on Supreme Court’s observation that the testimony of a person with a disability can’t be considered weak or inferior only because they interact with the world in a different manner, a sessions court recently sentenced a 35-year-old salon worker to 10 years of rigorous imprisonment for abduction and rape of a woman with moderate intellectual disability in 2019, marking a rare conviction under Rights of Persons with Disabilities Act.Calling the victim a “sterling witness”, judge Surekha A Sinha found the man guilty on multiple counts, including rape under IPC. He was given one year in jail under Section 92(b) of Disabilities Act (assaulting or using force against a person with a disability). The sentences are to run concurrently.Psychiatrists deposed that while the woman was 25 years old physically, her social age was around seven years and two months, with an IQ of 36.According to the prosecution, on April 29, 2019, the survivor’s mother noticed that she had gone missing after the family returned from voting in the Lok Sabha polls. When the woman returned home shortly after, she was in tears and revealed her assault. She said while playing in a nearby lane, the accused caught her hand and forcibly took her to the mezzanine floor of his residence. There, he threatened her with a knife, gagged her with a pillow, and sexually assaulted her. To destroy evidence, she said, the man washed her with soap.During trial, special public prosecutor Geeta Sharma examined 14 witnesses. While forensic reports were inconclusive — a result the prosecution attributed to the accused washing the victim after the assault — medical experts provided critical testimony. Doctors confirmed that the victim had suffered physical trauma consistent with sexual assault.The defence said the case was built on hearsay and cited minor discrepancies in the testimony. The judge rejected these, saying the testimony of a person with a disability must be treated with “utmost sensitivity”. “Minor discrepancies and contradictions are not fatal to the case of prosecution. Courts cannot cling to a fossil formula and insist upon corroboration even if, taken as a whole, the case spoken of by the victim of sex crime strikes the judicial mind as probable.”
