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| Court awards seven years RI, fine Rs 10000 in rape case | | | EARLY TIMES REPORT
JAMMU, Feb 5: Additional Sessions Judge Udhampur Shobha Ram Gandhi today awarded seven years rigorous imprisonment and fine Rs 10,000 to Vijay Singh who was facing trial in rape case. The facts of the prosecution case in brief are that on 02.09.2012 prosecutrix ( name withheld) personally lodged a written complaint vide Ext.P-1 in the Police Station alleging that her age is 16 years and studying in class 10th. Today at 10 a.m she alongwith her brother aged 10 years and sister was on her way to Church for Satsang and when reached on the motorable road at Cheel, accused persons who were already present on the way restrained and took her in the bushes. She raised alarm. Thereafter both the accused persons one after another forcibly raped her. Her mother alongwith her brother reached at the spot but accused persons run away. On the basis of this report FIR No.126/2012 under Sections 341/376/34 RPC was registered.
It is worthwhile to mention here that initially this challan was presented against two accused persons. Vide order dated 28.11.2019 co-accused was declared as juvenile by this court and Challan was ordered to be bifurcated and in compliance to the same prosecution has presented the separate Challan against the juvenile before competent forum.
Additional Sessions Judge Udhampur Shobha Ram Gandhi after hearing APP Anil Magotra for the prosecution whereas Adv J.D. Singh Slathia for the accused person, observed that 4. It is true that convict at the relevant point of time was of 19 years. The case against co-accused stand bifurcated as he was declared juvenile by this court. He is the only son of his parents. In my considered view, aforesaid circumstances are adequate to award a sentence for a term of less than 10 years. 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 Vijay Singh S/o Sukhdev Singh R/o Bhatyari Tehsil Ramnagar shall undergo rigorous imprisonment for 07 years (seven years) and a fine of Rs. 10,000/- (Rupees ten thousand ). For the commission of offence under Section 341 of the RPC the convict shall further undergo rigorous imprisonment for one month (one month). Both the sentences shall run concurrently. —JNF |
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