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2003 Supreme(HP) 294

DORAISWAMY RAJU, ARIJIT PASAYAT
TULSHIDAS KANOLKAR – Appellant
Versus
STATE OF GOA – Respondent


Advocates Appeared:
Surya Kant, Advocate, (AC), for the Appellant; Ms. A. Subhashini, Advocate, for the Respondent.

JUDGMENT

Arijit Pasayat, J.—While the murderer destroys the physical frame of his victim, a rapist degrades and defiles the soul of a helpless female. When the victim is a mentally challenged person, there is not only physically violence and degradation and defilement of the soul, but/ also exploitation of her helplessness. The case in hand is a classic example when the baser instincts of the appellant overtook his moral values and human sensitivity and he ravished the unsuspecting victim incapable of comprehending the vicissitudes of the dastardly act, not once but several times. So innocence was the victim that she was even not aware of the dreadful consequences. The mental faculties of the victim were undeveloped and her Intelligence Quotient (in short I.Q.) was not even l/3rd of what a normal person has. Tragedy struck on the victim sometimes in 1999, when parents of the victim noticed that her legs were swollen and there were signs of advanced stage of pregnancy. They were shocked beyond limits. They asked the victim as to who was responsible for her pregnancy. She in her own way pointed out accusing fingers at the appellant and said that on some pretext or the other, ravished









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