Does Ayaan deserve to be punished?

Originally posted by: dhrishti_

Does Ayaan deserve to be punished?

In my opinion, YES. But there's much more to my answer than a 3-letter affirmation.

Ayaan deserves punishment for what he did in reality, i.e. physically assault Maya [proof: the bruises, torn clothes,etc.] He does not deserve punishment for what people were made to believe by the victim herself.

It's obvious that Maya presented the proof that was convenient and helped her case. The CCTV footage was presented from the one angle that benefitted her. Maya clearly exaggerated the situation, and along with that, made Ayaan's crime appear much more major than it actually was. This shouldn't have been an attempt to rape case, but just a case of physical assault and man handling, which are crims as well, just not of equal degree. Ayaan deserves punishment on the basis of his crime and not Maya's exaggeration and act.

If you go to see, all three have done something wrong - Ayaan, Maya & Saanjh.

Ayaan physically assaulted Maya. She, on the other hand, exaggerated the situation and manipulated data. Saanjh, too, tried to sweep an eye-witness under the rug because she knew him personally, hoping this would help her win the case.

There is another option, although highly unlikely, still possible: It could've been that Ayaan had no intention to rape Maya but she just perceived it the wrong way and believed that was what was happening. In that case, she wouldn't be considered completely wrong.

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.

Originally posted by: dexter3108

Given Ayaan's words preceding his assault on Maya, any sane person would conclude that his intention was to rape Maya. Maya did the same.

I'm sorry but lying on top of a woman and tearing her clothes , in fact touching a woman without her consent is punishment enough

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.

Originally posted by: ilovedhanjanird

I'm sorry but lying on top of a woman and tearing her clothes , in fact touching a woman without her consent is punishment enough

I don't care whether he would actually rape or not but he forced himself on her

That for me is enough and I think he deserves it

For sexual assault, yes.

Originally posted by: krystal_watz

For sexual assault, yes.

For rape, NO.

Originally posted by: dhrishti_

Those words were uttered by Ayaan in a moment of pure contempt and disdain towards Maya, whether he'd actually stoop so low is the question.

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.