Originally posted by: Fernandes43
Very well observed & also presented very objectively!
You have a lot of patience, really!
Now, I am intrigued by the second point of your post!
That is where Samay gave an opinion on what he saw!
I am just reproducing it from your write-up!
2. On the allegation of Ayaan doing "zabardasti" with Mayaji, Samay's exact words were:
"Ayaan zabardasti nahin kar raha tha."
So eye witness's personal opinion was not an attempt to rape!
But the prosecution manged to convince court to make a conclusion on that!
That is why it appears to me still if Justice was rushed here!
Thank you so much for your appreciation of the original post.
@Yellow: Thanks. That's a very nice compliment to get.
@Green: Good analysis. I think that the question of whether Ayaan was doing 'zabardasti' is both a question of fact as well as a question of law (I know I am getting technical here, but, please bear with me a few more moments).
Why a question of fact?
'Zabardasti' is a physical act. What I meant was that Samay saw Maya and Ayaan on the floor and believed that Ayaan was not doing 'zabardasti'. Yes, one can call it his opinion, but, it's primarily what he saw (that what Ayaan was doing was not 'zabardasti'). He further explains the scenario as he had seen, stating: "Woh, Mayaji zameen par thi. Chilla rahi thi. Aur Ayaan unke upar tha."
Why a question of law?
Did what Ayaan do amount to 'zabardasti' in the eyes of a 'reasonable man' (applying the Test of Reasonable Man herein)?
In my view, Samay answered the question of fact and left the question of law for the court to deal with. This is just how I perceive the whole thing. I may be wrong. I am grateful to you for posing that question as it is quite analytical and requires a lot of deliberation.
@Blue:I agree that justice was rushed here (think of the minimum time Indian courts take to decide any criminal matter😉).
I hope this elaboration kind of explains what I think. If you have further questions, please do ask. Your posts generally make me reflect a lot.
Edited by determination - 8 years ago