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| Fast Track Court awards lifer to 3 accused in gang rape case | | |
Early TImes Report
Jammu, Jan 31 (JNF): Presiding Officer Fast Track Court Jammu Sanjeev Gupta today awarded life-impriosnment and fine of Rs 20,000 each to Subash Chander S/o Chaiju Ram R/o Janyal Nagri District Kathua at present Talab Tillo Gole Pulli Jammu, Devinder Kumar S/o Madan Lal R/o Parade Sabzi Mandi Jammu and Randhir Singh S/o Gulab Singh R/o Road Mandi Gurah Slathian Tehsil Samba who were facing trial in a gang rape committed with a tourist lady in presence of his eight yrs old son.
According to the police case that Prosecutrix on May 16, 2006 along with her son traveled from Kashmir to Jammu in a Sumo taxi and reached Jammu at 8:30 PM from where she went to Railway Station on an auto and after keeping her luggage in the waiting room.
She along with her son was going to market for taking meals and at Taxi Stand, the accused persons seduced and forced her to sit in their Indica car after promising to provide her good food in a hotel and when the car crossed the outer gate, accused Subash alighted from the Vehicle and drove a Maruti van which was standing near the gate.
After traveling for some distance accused Subash came out from the van and joined other accused in the car. The prosecutrix after sensing trouble raised an alarm and her son also started crying but accused threatened her with life and made her keep quite.
The accused person took benefit of helpless situation of the prosecutrix in order to satisfy their sexual lust. The police registered a case and after completion of investigation challan was presented.
Presiding Officer Fast Track Court Jammu after hearing APP GS CHarak appearing for the state whereas Advocate BB Kotwal appearing for the accused persons observed that the rape cases and cases relating to Crime against women have alarmingly increased in recent time. The social impact of the crime particularly when it relates to offences against women cannot be lost sight of and per-se it requires exemplary treatment and liberal attitude by imposing merger sentences are taking too sympathetic view merely on account of economic condition of a person or other irrelevant considerations will be result wise counter productive in the long run.Court further observed that undisputedly, in the present case, the victim was subjected to forcible sexual gang rape by the convicts without her consent at a secluded place in a care after abducting her from the Railway Station Jammu where she had gone to have meals along with her eight yrs old son on the fateful day. Instead of extending a helping hand to the prosecutrix who was a tourist in our state, the convicts took advantage of her position being unfamiliar to the area railway station, Jammu and sexually ravished her. The brazenness of the act of accused has exposed the depths of cruelty one can fall to, it sends shivers down the spine visualizing the thoughts of son of the victim who was 8 yrs and was forced into submission by the convicts on the front seat of the car in question with threat of bodily harm when her mother was subjected to gang rape by accused on the back of seat of car. Unfortunately he was a mute spectator due to his tender age and helplessly watched the occurrence in horror and he will have to live with trauma for the rest of his life. Therefore, the offence committed by the convicts repels against moral conscience as they chose to satisfy their lust with the prosecutrix in presence of her eight yrs old son. The offence of Gang Rape is punishable with rigorous imprisonment for a term not less than 10 years which may be for life.With these observations Court awarded life-imprisonment and fine Rs 20, 000 each u/s 376 (2) (g) RPC to Subash Chander Driver of Maruti Van, Devinder Kumar r/o Parade and Randhir Singh driver Indica car. They are further convicted u/s 366 RPC and sentenced to undergo rigorous imprisonment for seven year and fine of Rs 5000 each.
Court further said that both the sentences shall run-currently and said that "in case fine amount is realized from the convicts than an amount of Rs 15000 each shall be pay to victim as compensation who has suffered by the action of the accused".
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