7 July 2010
New Delhi,July 07 :A RAPE convict, who was released on the orders of the Delhi High Court after he cleared the civil service examination from jail, has not been responding to a notice issued to him on an appeal by the National Commission for Women ( NCW).
A public notice was published in two newspapers on behalf of the Supreme Court on December 8, 2009 but there was no representation on behalf of Ashok Rai alias Amit during the hearing on Monday.
The public notice had to be issued because notice could not be served as Rai’s house was found locked on two occasions.
The Supreme Court had on April 2, 2009 issued notice to the Delhi Police and Rai on a petition by the NCW challenging the February 9, 2009 High Court order reducing his punishment from life imprisonment to five and half years — a period he had already undergone in jail.
In a Special Leave Petition ( SLP) before the apex court, the NCW argued that the High Court should not have ordered his release as the minimum sentence for rape prescribed in the Indian Penal Code ( IPC) was seven years.
It pointed out that the decision was based primarily on the ground that Rai had “ redeemed” himself by clearing the civil service examination from jail. The approach was against the dignity of women and inconsistent with the view that a rape convict had to be treated with a heavy hand.
The commission said Rai first established physical relations with the victim after serving her sweets laced with sedatives and, thereafter, threatened to defame her if she did not sleep with some third person from whom he had to seek some favour. The girl, who used to take tuitions from Amit, felt ruined and committed suicide. The trial court had sentenced him to an imprisonment of 10 years for abetting suicide and life for rape.
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