The Curse of That Night by Rochak Bhatnagar Page A

They both had tried almost everything, love, anger. Nothing touched anything inside her.
    He felt disheartened and angry, but he had to try. Without Aarti’s support he couldn’t win against Omi.
    “Aarti, tell me you are listening. At least say something.”
    Aarti just looked at him, then at Darsh.
    “SAY SOMETHING DAMN IT. WE ARE NOT FUCKING FOOLS HERE TRYING TO FIGHT FOR YOU. COME BACK TO YOUR SENSES,” Abhijeet suddenly thundered.
    Everyone around him gave him a stare. Aarti too was shocked on his sudden outbreak.
    “I can’t sir. I can’t. I am not that strong. I am not as strong as you are. I am not as strong as Malvika ma’am,” she said.
    “Yes you are Chutki . YOU ARE,” Darsh pushed her.
    “You know what, Aarti. I think I should go. I am just wasting my precious time on you.”
    Abhijeet went inside the room where Malvika was peacefully sleeping and with a bam, shut the door behind him. He looked at Malvika with teary eyes.
    “I am sorry sir,” said Aarti.
    Abhijeet turned to look at her.
    “I will fight. I will fight for Malvika maam, for you, for Darsh bhaiya and most importantly for all those girls who have been raped by these assholes. YES. I will fight,” she said.
    Abhijeet went forward and hugged her.
    “What do we need to do?” asked Darsh.
    “The medical report has confirmed rape. Plus, two eye witnesses have identified Omi’s vehicle. We should leave for the police station along with Aarti,” said Abhijeet.
    “When?” asked Aarti.
    “Now!”
    And they left…
     

 
     
     
    Chapter 27
    Abhijeet
     
     
     
     
     
    According to the Section 375 of The Indian Penal Code, 1860; a man is said to have committed ‘rape’ who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six descriptions. First: against her will. Secondly: without her consent. Thirdly: With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly: With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly: With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly: With or without her consent, when she is under sixteen years of age. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
     
    “What is the progress in Aarti’s case?” asked Abhijeet.
    “Which case sir?” the PI looked confused.
    Abhijeet gave him an intense stare.
    “Oh, yes. That rape case. You know sir who is involved in it?” PI asked.
    “YES. I very well know WHO is involved in it. Now, tell me about the progress,” said Abhijeet.
    “Sir, actually Aarti madam didn’t say anything. How can we assume that it was rape? It could be sex too! So how can we investigate further?”
    “According to the Section 114A in The Indian Evidence Act, 1872, in a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved by medical terms and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence that she did not consent, it shall be presumed that she did not consent. So, don’t give me this shit. I know it better than you,” Abhijeet looked straight into PI’s eyes.
    “Ok. You want to listen it from her. Aarti…” Abhijeet called Aarti.
    “Aarti, tell him what exactly happened with you,” said Abhijeet.
    And Aarti told him