Fake transperson gets 7 years jail for rape & black magic in Mumbai

MUMBAI: In a rare conviction under the Maharashtra Prevention & Eradication of Human Sacrifice & Other Inhuman Evil and Aghori Practices & Black Magic Act, a 47-year-old man who pretended to be a transgender and raped a woman, was convicted and sentenced to a year in jail.
Separately found guilty of rape charge under Indian Penal Code, the accused, Narsimha Bichappa Shirvati, was further sentenced to seven years rigorous imprisonment for drugging and raping a woman on the pretext of performing some rituals to help cure her from the influence of evil eye.Both sentences will be served simultaneously.
In the judgement pronounced on Wednesday. additional sessions judge AB Sharma said the victim's testimony was not shaken. The judge said that when the victim had tried to rescue her self, the accused threatened her that she would die a slow death and will not conceive.
"It is also seen that the accused, also putting turmeric powder and rice on the forehead and by applying oil, turmeric and rice on the hand and forehead, created an impression and fear in the mind of victim about her death. It is also seen from the evidence of victim and witness... that accused promised them that he will bring dhaga (thread) for them," the judge pointed out. It was further observed that it therefore appeared that the prosecution had established an offence under the act.
The incident took place on April 11, 2018, when the woman had gone to a friend's house. The woman said she noticed that her friend and the accused, who appeared to be a transgender coming out of the bathroom. She said that later, the accused came to her and told her about the evil eye influence and the remedies.
After applying various ingredients on her, he took her to the bathroom and sexually assaulted her and when she rescued herself, he threatened her. The woman submitted that after the man left, she confided in her friend tearfully. A week later when they saw the accused again outside the house, the victim called her husband and the accused was caught. The woman, her husband and friend deposed in court.
The accused cited the delay in lodging of FIR as his defence. However, the prosecution submitted that the woman had married only a year before the incident and she feared that her matrimonial life would be spoilt due to such incident. The judge said, "Admittedly, in Indian society, the female used to reluctant to disclose any unfortunate incident happened, to their dear ones, due to fear of spoiling of their relationship...," the judge said.