India: Man who pretended to be transgender sentenced to jail for 7 years for rape of a woman and performing black magic

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A sessions court in Mumbai sentenced a 47-year-old man to seven years in jail for raping a woman by posing as a transgender. 

The convict identified as Narsimha Bichappa Shirvati drugged and raped a woman on the pretext of curing her from the influence of an ‘evil eye’. The incident dates back to April 11, 2018, when the victim went to a friend’s house. The accused who claimed to be a transgender person was also present in the house and told the victim that she is under the influence of an ‘evil eye’ and that he can help her get rid of it. The accused, then applied turmeric, lemon, and rice in his hand and then put it on the forehead of the victim. Soon after the victim felt dizzy, he took her to the bathroom where he sexually assaulted her. 

As per a Hindustan Times report, the victim is a tutor who went to her student’s residence in Parel, where the accused Narsimha Bichappa Shirvati was also present.

The accused threatened the victim not to reveal anything to anyone otherwise she will die a slow death and will also not be able to conceive. As per the report, the student saw the victim and the accused coming out of the bathroom and questioned the victim who told that the accused was not transgender but a man, who sexually assaulted her.

A week later, when the victim saw the accused standing outside her house, she called her husband and the accused was nabbed. 

During the hearing of the case, Sessions Court judge AB Sharma noted that the victim was threatened by the accused that she will not able to have children and will die a slow death when she tried to rescue herself. 

Judge Sharma also observed that the accused created an impression and fear in the mind of the victim about her death due to the influence of ‘evil eye’. For doing so he used some ingredients such as oil, lemon, rice, and turmeric. 

As per the report, the additional sessions court judge said that the accused taking benefit of the victim’s faith committed oral penetration with her. 

In his defence, the accused cited the delay in lodging the FIR. The victim’s counsel submitted that the victim was married just a year before and feared that her marital life would be ruined. To this, Judge Sharma said, “Admittedly, the female in Indian society are reluctant to disclose such unfortunate incidents that happened to them, to their family, fearing that it would spoil their relationship.”

Reportedly, the accused had also alleged that the student to whose residence the victim visited had an affair with him and that the two had a fight. After their fight, she had conspired to frame him and lodged a false case. 

The accused, however, failed to prove why would the victim submit false evidence against him. The court noted that the accused was a stranger to the student as well as the victim.

Separately, the accused has been sentenced to 1 year in jail under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman Evil and Aghori Practices & Black Magic Act.

https://www.opindia.com/2023/01/mumbai-man-who-pretended-to-be-transgender-sentenced-to-jail-for-7-years-for-rape/