A Mumbai Sessions Court has refused to grant relief to Padmakar Nandekar, who is accused of sexually assaulting a 19-year-old Brazilian student participating in the Youth Cultural Exchange Programme in 2016. The court found sufficient grounds to believe that the accused was involved in the alleged assault, which took place in 2019.
According to the prosecution, Nandekar, who was acting as the victim’s guardian in India, had invited her to stay at his residence in Mumbai after she arrived in India in 2018. Over time, the victim reportedly felt uncomfortable with his behaviour and moved to another host family in 2019. However, the accused allegedly continued to invite her over when his family members were absent.
The incident in question occurred on April 15, 2019, when Nandekar allegedly took the victim to a hotel and later back to his home, where the assault occurred. The victim reportedly left the house the next morning, and the accused later messaged her an apology and offered money, which she discarded. After confiding in a friend and a psychologist in Brazil, the victim informed her parents, and a case was filed on May 13, 2019.
The defence argued that the victim’s actions after the incident, including using the accused’s credit card and visiting his house, indicated a consensual relationship. However, the judge dismissed these claims, emphasizing the accused’s position as a guardian and the trust placed in him by the victim.
Judge Shanaya Patil noted that Nandekar’s role as a guardian placed him in a position of authority and trust, making the offence more severe under Indian law. The judge also clarified that photographs showing the victim with the accused did not imply consent for any inappropriate conduct, particularly given the age difference between the two.
The case highlights the importance of safeguarding vulnerable individuals in guardianship or mentorship roles, especially in exchange programmes, where the balance of power can be easily exploited.
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