SHEEM News : Local police nabbed one Maruti van driver for raping a 15 year old girl on 23rd September from the town of Kalimpong. According to the version of the victim girl which the accused has reportedly confessed before the police, she was sexually harrassed by the accused on 20th September near Durpin dara. She was returning home (Bong Busty) after performing usual duty of delivering meals to the daughter of her house owner on that day in a local school. On her way to home the driver, who was possibly following her, stopped his vehicle near Fire Brigade office and offered the girl a lift for home. Since the driver also belonged to the same village they were already having confortable relation in the village which led the victim to accept the lift on the belief that the accused was also going to Bong Busty. When the driver turned the taxi towards wrong side the girl asked the driver about the destination where they were heading to. In his response the driver shut the mouth of girl and forced her to reach a jungle near Durbin Dara where he forcefully committed rape on the girl despite all opposition from her. When the girl reached home, where she worked as a domestic help, the owner of house smelt something wrong and tried to ascertain the fact. The girl, due to shy or other obvious reasons, did not disclose the same imediately. Later, the next day when forced the girl narrated all the events. Following this, the house owner registered FIR in the nearest police station which ultimately led to the arrest of the culprit in no time. A rape case under IPC 376 has been registered against the local boy who is already a married person having wife and one kid. The Chalak Mahasangh, apex body of the local driver associations, has stated that the membership of the accused person would be ceased if the allegations are found true.
Meanwhile, the local people have started to raise their eyebrows as according to them the Durpin Dara’s junge has become paradise of anti-social elements where they use to commit such immoral activities in regular manner.
Article 376 of IPC : Whoever commits rape shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Rape : A man is said to commit “rape” who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions :
Firstly : Against her will.
Secondly : Without her consent.
Thirdly : With her consent, when her consent has been obtained by putting her in fear of death, or of hurt.
Fourthly : With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly : With or without her consent when she is under sixteen years of age.