TIMES OF INDIA 29 JAUARY 2012
NEW DELHI: In the absence of any laws providing compensatory justice to a rape victim, a trial court has directed the Delhi government to rehabilitate a gangrape victim, who suffers from a neurological disorder, and give her a compensation of Rs one lakh. Citing a recommendation made by the United Nations for the rehabilitation of rape victims, Additional Sessions Judge Kamini Lau recommended the government should rehabilitate rape victims as part of the ‘restorative and compensatory justice’ when it is not possible to get compensation from the offenders due to their poor background.
The court’s directions came while sentencing five men-Mukesh, Prabhans Yadav, Deepak, Ravinder Kumar and Rajeev-to life imprisonment after holding them guilty of kidnapping and raping the minor girl in March last year. The court has also asked the Delhi government to replace the traditional forensic techniques used for evidence in rape cases by DNA profiling as it is more reliable and effective in ascertaining the offender. The court, which also imposed a fine of Rs 27,000 each on the five convicts, said the probe agencies and the state should ensure that in rapes cases, where the identities of the accused was not known, DNA-matching be made mandatory for effective dispensation of justice.
The court said the copies of its judgement should be sent to the Delhi government and police for formulating a policy to ensure the accused in such cases are not let off. The victim, who was “a patient of neurological disorder and weak mental capabilities,” had come to visit the maternal family of her mother in Jahangirpuri last March when the accused dragged her to the slum and held her captive for three days.
Rejecting the defence’s plea to take a lenient view of the poor background of the accused while deciding their quantum of sentence, the court said, “The convicts went on to commit the ghastly, abominable, inhuman and barbaric act of rape, violating the person of the victim despite her medical condition giving a lifelong trauma to the victim and her family. Even during the trial of the case the convicts were hostile to the proceedings and exhibited a belligerent and aggressive behaviour showing little respect for the process of law thereby compelling the court to step in and direct their further appearance through video linkage.”