Bad Effects of Divorce:- Girl Was Left By Parents after Taking Divorce At Aunt’s House and Raped by Neighbours, Cousin Since 08

A 12-year-old girl, living with her aunt’s family in Mumbai after her parents divorced and married other partners in Gujarat, was raped repeatedly for about one-and-a-half years by one of her cousins and his friends and neighbours.

The first time she was raped was in August 2008 and the ordeal stopped only a few days ago after an elderly person in the family came to know of what was happening from neighbourhood gossip. The culprits, including a 71-year-old man from the Saki Naka locality, made use of an MMS clip — of one of the assaults committed some time in 2008 — to blackmail the girl until the family elders came to know of what had been happening.

Four persons, including the 71-year-old man, have been arrested as cops are looking for the five other culprits including the girl’s cousin, Daval Bapat.

The girl has been staying in Mumbai since she was nine months old. Her parents, however, divorced in 2005 and returned to their Gujarat hometown in Bhuj district where both remarried a couple of months back. She was left in the care of her aunt (mother’s sister), Jyotsna Bapat, who stays with her younger son, Daval (24), and husband; her elder son had moved to Dubai some years back.

It was in August 2008 that Daval first raped the girl, who was studying in class VI at that time, at home after threatening her at knifepoint. The ordeal had just begun — Daval would rape her whenever his parents were not there. Later, in the same month, Daval and his friend, Raju Sharma, took her to a lodge in Kurla where they raped her. It was that day that both also made an MMS clip of their perversion.

Gradually, seven other neighbours became part of the gang that would just pick her up when they felt like it. This went on till this month, when an elderly relative (Jyotsna’s uncle) came to know of the horror. He immediately told Jyotsna and advised her to take the girl away to her maternal uncle’s place in Bhuj.

No one there was, however, told of the reason for the girl’s sudden transportation to Bhuj and things would have stayed like that if one of the accused, Raju, had not had the temerity of calling her up on Jyotsna’s mobile phone. ‘‘You come back or your aunt will face the consequences,’’ he threatened her. The girl could not take it any more; she broke down, leading to the unfolding of the horror tale.

Source:- The Times of India 23 March 2010 Delhi Page No. 17

Second opinion sought on minor's rape
Late on Thursday evening, the Mumbai police sought a second opinion on the medical report of the Saki Naka girl who had alleged that she was raped by nine neighbours, including her cousin, over the past 18 months. The first medical report at the Nagpada police hospital has shown that her hymen was intact.

The second test was conducted by a J J Hospital team comprising gynacelogists, forensic experts as well as psychiatrists and the police offered no reason for the re-examination. The FIR had mentioned heavy bleeding from the girl's private parts after the victim was raped the first time by her cousin.

When quizzed about the dichotomy between the FIR and the initial medical report, Saki Naka senior police inspector S R Dhanedhar told TOI, "The girl said in her statement that the bedsheet was soaked in blood after she was raped by her cousin 18 months ago. The boy dumped the bedsheet in the bin but only after he is arrested can his crime be confirmed."

According to legal experts, an intact hymen does not necessarily rule out rape. Courts across India have, in various cases, said an accused can be convicted of rape—even if the victim's hymen is intact and even if no injury mark is found on her private parts—based on the victim's testimony.

Verdicts have shown that evidence given by a victim stands at a higher pedestal in a rape case. For instance, last year, the Bombay HC held a rape accused guilty on the basis of the victim's testimony though medical evidence showed otherwise. "Proof does not mean mathematical calculation or demonstration," said the court. "The court normally has no difficulty to rely upon evidence of the prosecution (victim) when her evidence is cogent, convincing and true."

Senior medical officer of the Nagpada police hospital Dr S N Dound said an intact hymen did not mean that there was no sexual abuse. His first medical report of the victim also states that she had no cuts or injury on her private parts. "But this was expected as the alleged violation did not take place recently," he added. "Even if the penis touches the vagina, it can amount to rape."

The Supreme Court, too, had held in December 2009 that "even the slightest penetration is sufficient to make out an offence of rape and the depth of penetration is immaterial". The apex court said this while dealing with a case in which a man was caught red-handed while raping a 12-year-old girl in Bhopal. The defence made much ado about the medical report that showed an intact hymen. But the SC pointed to the definition of rape under Section 375 of the IPC: "Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Source:-http://timesofindia.indiatimes.com/india/Second-opinion-sought-on-minors-rape/articleshow/5724977.cms