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| Court awards seven yrs RI, fine Rs 10,000 to two accused in rape case | | |
Early Times Report
Jammu, Feb (JNF) : Principal Sessions Judge Udhampur AK Koul today awarded seven years rigorous imprisonment and fine of Rs 10,000 to Babu Ram S/O Phalli and Uttam Kumar S/O Hari Chand resident of Rasli Gadherian Tehsil Ramnagar in rape case.
According to the police case on January 14, 2009 a written report (Ext.-P-2) was lodged alleging that on 13.01.09 at about 2.30 p.m the victim was going to her parental home along with her daughter . The accused waylaid them and accused No.1 forcibly caught her arm and pushed her down the road to a nearby forest. Accused No.2 maintained a vigil. Accused No.1 tore her clothes and raped her forcibly. As she raised an alarm he gave her a blow with a stone on her knee and inflicted an injury on her. Her daughter ran away weeping for help over a distance of 500 meters and reached a shop when some people rushed on spot and accused No.1 removed her ear rings and extorted an amount of Rs.200/- from her and ran away.
On the basis of this report a case was registered against the accused and during investigation the investigating officer recovered pieces of broken bangles and a stone from the place of occurrence. Principal Sessions Judge Udhampur AK Koul after hearing Public Prosecutor Navneet Gupta appearing for the state and Adv IL Thakur appearing for the accused persons, observed that regarding the quantum of sentence it needs to be under lined that both the accused are within the age group of 23 to 26 years.
They have faced the trial for about 3 years now and as stated by learned defence counsel they are the sole bread earners for their respective families and belong to a class of the society which is below poverty line.
Though the crime committed by them is serious but I believe that harsher punishment would not only destroy the future of the accused but would also expose their families to starvation. The accused have committed the crime unmindful of its consequences but then law cannot afford to bring their families to the road. Court believes that even a lesser sentence would serve the ends of justice.
So while convicting them for the offences referred to Babu Ram is sentenced to rigorous imprisonment for seven years and a fine of Rs.10, 000/-, for commission of offence u/s 376 RPC and also to rigorous imprisonment of one month for commission of offence u/s 341 RPC . Similarly accused Uttam Kumar is also sentenced to, rigorous imprisonment for a period of seven years and a fine of Rs.10, 000/- for abetment of commission of offence u/s 376 RPC , and to a further period of rigorous imprisonment of one month for commission of offence u/s 341 RPC . In default of payment of fine each accused shall undergo an imprisonment for two months in addition to imprisonment awarded above. Both the sentences to run concurrently for each of the accused. Accused are on bail. Their bail bonds are cancelled. They shall be taken in custody immediately and committed to District Jail Udhampur to serve the sentence |
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