MANGALURU: The Sixth Additional District and Sessions Court on Tuesday awarded one-year rigorous imprisonment and a fine of Rs 5,000 on a person convicted of outraging the modesty of a mentally-challenged woman The victim, a mentally-challenged woman, who has no male members in family, could not prove in the court of law that she was raped; hence the court awarded punishment to the accused under IPC Section 354 (assault or criminal force used against woman with intent to outrage her modesty) instead of IPC Section 376 (punishment for rape).The incident dates to February 21 last year. While the mother, a coolie, was busy fending for the family and the sister had visited her aunt, Shekhar gained entry into their house and sexually assaulted the victim. Not only this, but he also threatened to kill her, if she revealed the matter to anyone. Shekhar Shettigar , 53, a resident of Permude, about 13km from here, was the victim’s neighbour, and knew about her mental condition well.When the victim’s sister came back home, she found that the victim’s clothes were torn and tattered. On questioning her, the victim narrated her ordeal. However, for the next 21 days, neither the sister nor the mother filed a police complaint, as there was no male member in the family, and they were scared of Shekhar’s threat.Incidentally, a male relative filed a complaint at the Bajpe police station on March 14, 2017, as soon as he learnt about the issue. The police subsequently filed a chargesheet under IPC Sections 376 and 506 ( criminal intimidation ).Public prosecutor Judith O M Crasta told reporters that though the evidence was suggestive of sexual intercourse, the forensic report did not prove rape.Judge D T Puttarangaswamy held Shekhar guilty under IPC Sections 354 and 506.In addition to a year’s RI and a fine of Rs 5,000, Shekhar has also been awarded four months imprisonment and to pay Rs 20,000 to the victim. He will be serving both jail terms simultaneously. The victim is also eligible for compensation from the District Legal Services Authority.As many as 17 witnesses were examined and 18 documents submitted. Inspector T D Nagaraj had filed the chargesheet.Judith said she will move the higher court seeking enhancement of punishment.

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