news details |
|
|
| Court awards 7 yrs RI,fine for raping minor | | | EARLY TIMES REPORT
JAMMU, Nov 30 (JNF) : Principal Sessions Judge Samba Kartar Singh today awarded seven years rigorous imprisonment and fine Rs 50,000 to accused Parhstom Kumar for committing rape with 13 years old school going girl after 9 years trial.
According to the police case that on August 16, 2003 a docket was received by police station Hiranagar that while on patrol duty on the national highway at Gagwal, the police party received information from a reliable source that at Chann Matluni the accused Parshotam Kumar had raped the prosecutrix aged 13 years old. On receipt of this report, FIR No.150 / 2003 was registered in police station Hiranagar for offence u/s 376/323 RPC against Parshotam Kumar and investigation ensued which culminated in presentation of challan against him in the court of Judicial Magistrate 1st Class Hiran agar. Since the offence under section 376 RPC was exclusively triable by the court of sessions, he committed the case to the court Sessions Judge Kathua for the trial of the accused.
After the creation of Sessions Court at Samba, the case was transferred to this court for the trial of the accused. The accused was charged for the commission of offence falling u/s 376/323 RPC to which he pleaded not guilty and claimed to be tried.
The court after hearing both the sides observed that the punishment of guilty is of a much importance as the acquittal of an innocent.
The accused was a young man at the time of commission of offence whereas; the prosecutrix was a minor girl aged 13 years only. She was brutally raped by the accused knowing fully well that she was of tender age. Rape involves severe degree of emotional and psychological trauma. It is an offence which in fact obliterates the personality of the victim. She has to live with the rest of life not with dignity but under psychological humiliation conscious of being ostracized by the society and would face of the risk of remaining unmarried throughout her whole life. In other words, her life has been ruined and happiness shattered by the savage act of the accused. Court has taken into consideration the respective contentions of both the sides and is of the view that the crime has been committed brazenly in a fiendish manner for which no lenience can be shown to the accused.
He has totally ruined the life of a minor girl leaving her broken and shattered for the rest of her life. However the alleged incident took place about nine years back and thereafter the accused married and has his own family and as such these may be extenuating circumstances in his favour which entitles him to minimum sentence as provided under section 376 RPC. Court therefore, convict the accused under section 376 RPC and sentence him to undergo rigorous imprisonment for a period of seven years and impose a fine of Rs.50,000/-. Fine if recovered, shall be paid to the prosecutrix as compensation failing which the accused shall further undergo rigorous imprisonment for a period of six months. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
