Does Ayaan deserve to be punished? - Page 2

Originally posted by: manya_roy

Under sexual assault
Section 354: Assault or use of criminal force on a woman with intent to outrage her modesty.
Punishment: 4 years imprisonment or fine, or both

Rape comes under section 376, which will get 10 years of jail.
However this is an attempt to rape so punishment term must be lower than that.

So of course Ayaan is in grave trouble, he needs someone who can see through the situation, or else there is no hope.

your theory makes sense, no doubt about it, but I am certain Ayaan's actions come under sexual assault, section 354 IPC, however, with all the evidences against him, it would be much more better if he appeals at higher court, stating it as physical assault.

Originally posted by: dhrishti_

Ayaan hasn't been charged for rape, but for attempt to rape, which, as I've mentioned, falls under sexual assault itself.

Originally posted by: krystal_watz

Uttering obscenities and tearing clothes come under the purview of 'sexual assault', but not of 'attempted rape' (unless that intention has been specifically established), I think.

Agree with ur post!

He deserves punishment for physical assault and manhandling

but not of rape...believing he had no intention whatsoever

Originally posted by: bugsbunny12

Agree with ur post!

He deserves punishment for physical assault and manhandling

but not of rape...believing he had no intention whatsoever

I think there must be some distinction between Physical assault & Sexual assault such as an attempt to rape!
A physical assault is just a physical assault and the injury marks can be found anywhere in the body!
It is very general in nature!

A sexual assault is a more specific type of assault. It can be physical, verbal or even psychological!

In this case, if it is verbal, the words should be very explicit or at least should have some sexual connotation!
A very general abuse or threat such as "I will make you suffer in such a way that you will not be able to show your face to external world' etc can hardly be described as sexual in nature!
It could also mean 'disfiguring the face' -certainly, an act of violence but not necessarily sexual in nature!
Nevertheless it is a threat & condemnable!

Similarly injury marks found on parts of body that are exclusively associated with an act of sex are definite indicators of the attacker's intention!

One should go by an expert/medical opinion here to draw definite conclusions beyond any doubt!

As per me he deserves punishment for physical assault and intimidation of sexual assault. I am not sure tearing up clothes mount to sexual assault because even when men tussle between themselves or women tussle between themselves clothes are torn. So with Samay's testimony I will say punishment for physical assault and intimidation.

Camera got fixed,maya again checked all the cameras when Arjun went to meet dusky..

For physical assault yes. But not for attempt to rape.
He had no right to touch woman ' so dignity. He needs a person who can see whole situation correctly
Which is clearly not his current lawyer who is more interested in her personal vendatta than saving him

Originally posted by: manya_roy

Well firstly talking about the incident, one can never be sure of Maaya but imagine yourself as. A girl who puts the keys in your garments trying to protect it. Then comes a man saying "Main tumhe moonh dikhane layak nahi chodunga " and starts tearing your clothes.
If I was that girl, it would feel like a rape attempt.

Coming to Ayaan, the only way he could be saved was saying that it was a physical assault. Would it be true- NO
Would attempt to rape be true - most likely NO

It was a case of sexual assault given he was ready to tear apart her clothes to get the keys.

But the sad truth is he cannot be punished for his crime.
Either he can be over punished,ie, for attempt to rape as court cannot know his intentions through words, they will believe actions, and his action was tearing of clothes.
Or he will be under punished, ie , for physical assault, where he would have to ignore hos key theory and say he was angry and beating up Maya, clothes got torn in a hassle.

Right now , the only thing which can help Ayaan is the broken cctvs as they are the loop hole in this case.
But for that, one intelligent person is required, maybe Samay.