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| Court awards 5-yr RI to convict for using criminal force on a woman | | |
Early Times Report
Jammu, Jan 3: Principal Sessions Judge Bhaderwah Sunit Gupta awarded five years rigorous imprisonment to Yasir Hussain Lone for using criminal force on a woman with intent to outrage her modesty.
The Principal Sessions Judge after hearing both the sides observed that the convict is a married person having two kids who are solely dependent upon the convict.
It is understandable that the convict has to pay for his misdeeds but at the same time for the misdeeds of the convict, his wife and small kids have also heavily to pay in the society. Besides this, there must not be any other source of livelihood for the wife and kids of the convict except the income to be earned by the convict himself.
Only because of shameful act of the convict, the wife and the small kids of the convict should not be pushed towards the starvation which would also not meets the end of justice.
Therefore, while taking into consideration the trauma of the prosecutrix and the sufferings to be made by the small kids of the convict, a balance is required to be struck between all the mitigating circumstances. Hence keeping in view the larger interest of the society, the following punishments are imposed on the convict to meet the ends of justice Under Section 354 IPC the convict/accused is sentenced to rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/- and in default of payment of fine the convict shall undergo further rigorous imprisonment for three months.
Under Section 8 of POCSO Act, 2012, the convict/accused is sentenced to rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- and in default of payment of fine, the accused/convict shall undergo further rigorous imprisonment for a period of three months.
All the sentences imposed upon the convict/accused shall run concurrently. The amount of fine, if paid, by the convict shall be delivered to the prosecutrix. (JNF) |
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