Mumbai: The Sessions Court refused to release Cuffe Parade Residents Association member and south Mumbai businessman Padmakar Nandekar, who was arrested on the complaint of rape by a Brazilian student.
The court rejected the argument that the two were in a consensual relationship and said that as a foreign national the girl was more open-minded in expressing her feelings and behavior but this cannot take the place of consent.
The court refused to acquit Nandekar saying that the responsibility of the victim lies with the accused. Because the accused was his local host. The court said that the accused was his guardian in India and the gravity of such a big crime is very high.
According to the government side, the Brazilian girl was selected under the Students Cultural Exchange Program in 2016. Nandekar was chosen as his patron in India. His son lives with a family in Spain under a similar exchange program.
Thus the accused was the host of the victim. The victim was admitted to KC College, Churchgate in class 11th. The victim started staying at the accused’s house during the marriage procession. The court said the victim had complained about Nandekar’s behavior on several occasions. Later the victim went to live with another family. Nandekar took him to dinner and made him drink alcohol. He took the victim to his home on the pretext of getting drunk. The victim sent a message to a friend because it was inappropriate. The accused took the victim home and raped her. He got Rs. Rs 10,000 was given, which the victim threw in the garbage. After consulting a psychiatrist, he informed his parents about the incident and registered a case.
Since the victim joined his company the very next day, there does not appear to be any compulsion in this act and the victim did not face any confrontation. The victim also used the accused’s credit card and visited his wife’s home in his absence, indicating that the relationship was consensual.
However, the court rejected the arguments and said that the government side had collected prima facie evidence against the accused. At this stage there is no reason to believe that the girl has any reason to implicate the accused.