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After 13 yrs, Court awards 17 yrs sentence to gangrape accused
2/26/2013 11:52:36 PM

ET PLUS REPORT

Jammu, Feb 26 (JNF): Presiding Officer Fast Track Court Jammu Sanjeev Gupta today awarded 17 years imprisonment to Shokat Ali alias Tota, Yaqoob Mohd alias Soni and Abdul Aziz alias Maina who are facing trial and investigation in the gang rape with minor girl.
Presiding Officer Fast Track Court Jammu Sanjeev Gupta after hearing APP GS Charak appearing for the state whereas Adv YP Koushal appearing for the accused persons observed that the offence of gang rape punishable with rigorous imprisonment for terms not less than 10 years but which may be for life and fine. The court however keeping in view the fact that the accused have no passed history of crime and belongs to poor strata of the society observed ends of the justice will be met by convicting them with minimum sentence provided under law. Court further said the accused have faced the trial for a period of 13 yrs which is also one of the mitigating circumstances in their favour.
With these observations Court awarded 10 years imprisonment u/s 376 (2) (g) RPC and fine Rs 10,000 each and they further convicted u/s 363 RPC and are sentenced to under go RI for seven years and fine Rs 1000 each. Court further clarified that both the sentences shall run concurrently and accused are present in the court were taken into custody and sent to Jail for serving the sentence.
According to police case that on November 14,1999 one Sohan Singh alias Kala r/o Khanor Pathankot Punjab lodged oral report to P/S Janipur to the effect that on the same day he along with
prosecutrix who is relative had reached Roop Nagar at 10:30 am in connection with some personal work, the trio stooped their way, one of them was carrying an axe. The trio forcibly took both of them to the upper side of Roop Nagar towards a forest, the boys who were addressing as Tota, Maina & Soni threatened them with life, however complainant succeeded in fleeing away but prosecutrix was kidnapped by them forcibly who was taken to the forest. A case was registered u/s 341/366 RPC and police immediately swung into action to search the prosecutrix who was recovered from the forest area of Roop Nagar, clothes of prosecutrix stained with blood were seized. The prosecutrix who was medical examined on the same day and report was obtained, the statements of witnesses were recorded. The age of prosecutrix was verified from expert which was found to be between 15 to 16 years. The accused Shokat Ali and Yaqoob Mohd were arrested by the police. During the course of investigation, however accused Abdul Aziz could be not be arrested as he surrendered in the court on January 19, 2000 later challan was presented in the Court.
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