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| Rape case of PoK lady | | HC dismisses appeal filed by jail warden against sentence | | JAMMU, JULY 12- Justice Virender Singh of Jammu and Kashmir High Court Jammu wing in a much publicized rape case committed upon a lady of PoK in the Poonch Jail by Jail Warden, who was convicted and sentenced to undergo imprisonment for five years and fine Rs 30,000, has dismissed the appeal against the said judgement being devoid of any merits.
Appellant Mohammed Din was charged u/s 376 (C) RPC for allegedly committing rape upon the prosecutrix hailing from PoK and was lodged in the District Jail Poonch where accused/appellant Mohammed Din was Warden, the trial Court on November 18, 2006 awarded imprisonment, which was challenged in the shape of criminal appeal.
According to the case the prosecutrix hailing from Harmianwala Bagh, Pak Occupied Kashmir crossed LOC border near the security picket known as Raja Picket falling within District Rajouri. This all happened in the month of November, 1995, she was apprehended by the army and handed over to P/S Nowshera and a case was registered against her for crossing LOC without any permission. Judicial Magistrate Nowshera convicted and sentenced her to suffer imprisonment for one year and fine Rs 500. She was lodged in District Jail Poonch on November 16, 1995. On January 28, 1996, she was transferred to central jail Jammu, at the time of her admission in the said jail; she was examined by Veena Chib of GMC Jammu. It so happened that in the month of April, 1996 female staff of the Jammu Jail reported to Superintendent Jail that the prosecutrix did not have her menstruation and as such she was referred to Medical College Hospital Jammu on April 4, 1996. She lodged a complaint that the accused Mohammed Din, Warden in District Jail Poonch had an intercourse with her and fixed the date of incident as January 14, 1996 resulting in pregnancy which was also established during the medical check up by the doctors who examined her. The statement of the prosecutrix was recorded and identification parade was conducted in District Jail Jammu in which prosecutrix identified the accused as the persons who had an inter-course with her in the said jail. He was arrested and medically examined with regard to his potency which was confirmed by the doctor, the investigation culminated into filling of the challan u/s 376 (c) RPC against him and trial Court convicted the accused on November 18, 2006.
Justice Virender Singh after hearing Sr. Adv MA Goni assisted by Adv AH Bhat and AAG AH Qazi representing the state perused the entire evidence and the other relevant documents on record observed that prosecution case is that the accused being warden of District Jail Poonch had committed sexual intercourse with prosecutrix once only.
Justice Virender Singh after referring various judgments of the Supreme Court further observed that the accused in his official capacity as warden and having control over the inmates of the jail, has taken the undue advantage of the helplessness of the prosecutrix, the victim in this case. He in fact has misused his official stature in order to satisfy his sexual lust. The manner in which allured and seduced the prosecutrix, which ultimately resulted into birth of a female child, revolts the judicial consciences. As observed by High Court Judgment itself, this all had created a difficult situation for the Government while deporting prosecutrix back to Pakistan. In considered view of the Court, there are no extenuating circumstances in favour of the accused calling for even the least sympathy of this Court. The circumstances depicted by Sr. Adv MA Goni are incongruous and do not advance the cause of the accused. Therefore, the sentence already imposed by the Trial Court (five years) is most adequate. The present case does not even call for reduction in the sentence of fine already imposed by the Trial Court and as such the appeal is dismissed.
It is worthwhile to mention here that the High Court in PIL had awarded compensation to the tune of Rs 3 lakhs to the victim, a PoK lady.
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