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Court awards 10 years RI in rape, kidnapping case
12/31/2019 10:50:23 PM
Early Times Report
JAMMU, Dec 31: Additional Sessions Judge Udhampur SR Gandhi today awarded 10 years RI and fine of Rs 20000 to the accused in a case of kidnapping and rape.
The court awarded RI to Mohd Iqbal whereas acquitted Mohd Basharat alias Kalu in the said case.
Additional Sessions Judge Udhampur after hearing APP Anil Magotra for the State whereas Adv Pawan Jandial for the accused observed that keeping in mind the aggravating and mitigating circumstances of this case, it is ordered that for the commission of offence under Section 376 of the RPC, the convict Mohd Iqbal, son of Salam Din of Marothi Tehsil Chenani shall undergo rigorous imprisonment for 7 years and a fine of Rs 10,000. For the commission of offence under Section 366 of the RPC the convict shall further undergo rigorous imprisonment for 3 years and a fine of Rs 10,000. Both the sentences shall run concurrently. In default of payment of fine, the convict shall further undergo imprisonment for 6 months. It is evident from the record that convict was arrested on 23.01.2009 and released on bail 18.07.2009 and he was again taken into custody on 30.12.2019. The period of detention already undergone shall be set off from the sentence awarded to the convict.
Court also recommended that compensation in terms of Section 545-A CrPC read with J&K Victim Compensation Scheme, 2013 made vide SRO 229 dated 23rd April, 2013 and Schedule-I to Notification SRO 394 dated 09.09.2013 may also be granted to the victim- prosecutrix. A copy of this judgment shall be submitted to the Chairman District Legal Service Authority.
—JNF
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