Madras HC confirms RI to rapists of teen

THE TIMES OF INDIA

CHENNAI: The Madras high court on Friday confirmed the ten-year rigorous imprisonment awarded to three jail warders in the sensational Rita Mary rape case of 2001.

Upholding the Tindivanam trial court's order against Jayabalan, Anbalagan and Ramasamy, Justice T Sudanthiram, however, acquitted Lazar, the prime accused who was also sentenced to ten years' RI, as charges against him were not proved beyond reasonable doubt. Rita Mary, a Chennai-based teenager then, was raped by jail warders at the Gingee sub-jail on October 29, 2001 after she was arrested under the Immoral Trafficking Act.

The judge set aside the conviction Lazar as Rita could not identify him though she was given three chances. "Though the occurrence of rape of Rita Mary at the Gingee sub-jail has been proved by the prosecution, this court is giving benefit of doubt to Lazar alone," the judge said.

According to the prosecution, Rita was staying with her sister in Erode during 2001. After a quarrel with her sister, she left her home and was kidnapped by a pimp while she was going to a shop. She was later sold to a prostitution gang.

Rita had managed escape from their clutches with the help of four youths. But the pimps lodged a police complaint, following which she arrested and charged with indulging in immoral activities. She was sent to judicial custody and lodged in the Gingee sub-jail. Lazar was the head warder there and Jayabalan, Anbalagan and Ramasamy were warders.

According to the prosecution, all four raped her on the night of October 29, 2001. She revealed the incident to an advocate when she was produced in a Tindivanam court on October 31. He sent petitions to the Governor, the chief minister, the state human rights commission and other authorities. On the magistrate's directions, she was sent for medical examination, and was later admitted to the Government Rajaji Hospital in Madurai. An FIR was registered based on the complaint of her mother, Leelavathy.

Advocates and activists then approached the Madras high court seeking a CBI inquiry into the case. The court, however, transferred the investigation to the special investigation team of the CB-CID based on a report from inspector general G Thilagavathy. In an identification parade conducted later she identified only Jayabalan, Anbalagan and Ramasamy as her tormentors.

A fast track court in Tindivanam convicted the accused in 2006. The court acquitted another warder, Sekar, and Murugesan, a constable accused of raping Rita at a brothel. The the four convicts who were sentenced to 10-year jail term moved the high court against the trial court order.