 Early Times Report
Jammu, Feb 14: Principal Sessions Judge Ganderbal Abdul Nasir today awarded 27 years rigorous imprisonment and fine Rs 75000/- fine to Mohammad Saleem Taploo who committed rape with 14 years minor.
Brief facts of this challan are that on 26-06-2019, a written report was lodged with police station Ganderbal by the complainant to the effect that on 25¬06-2019, the daughter of the complainant (name withheld) aged 14 years was kidnapped by Mohammad Saleem Taploo s/o Mohammad Maqbool Taploo r/o Anchar, Soura A/p Saidapora, Srinagar with the intention to commit illicit intercourse with her. On this FIR No.136/2019 was lodged in P/S Ganderbal for offence u/section 363 RPC. During the search, the prosecutrix was recovered from the possession of Mohammad Saleem Taploo and recovery memo was prepared. Statement of witnesses were recorded and the accused Mohammad Saleem Taploo was arrested for the offence u/section 363 RPC. After obtaining the medical report of the prosecutrix offence u/section 376 RPC was added in the charge sheet against the accused and on investigation the accused was found involved in the commission of offences u/section 363, 376 RPC and section 4 of POCSO Act.
Principal Sessions Judge Ganderbal Abdul Nasir after hearing both the sides observed that in the present case accused has committed offences against the victim who is a child below 16 years of age. Therefore considering the gravity and heinousness of offence, the court is of the opinion that accused should not be shown any leniency so that sexual assault against the children is not repeated as the same is resulting in which shaking the conscious of the society at large and is damaging the security, liberty and freedom of children in the society. The victim suffers trauma throughout her life for commission of such offences and as such, these acts need to be curbed with stringent punishment so that deterrence is created among the like minded persons who commit offences against the children towards the victim. The offenders committing sexual offences against the children need to be handed with iron hand and no sympathy and leniency needs to be shown to such offenders. Therefore the accused is sentenced for commission of offence u/s 363 RPC to rigorous imprisonment for a term of 7 years and a fine of Rs. 25,000 Considering the provisions of section 42 of POCSO Act, court is of opinion that the offender who is found guilty of commission of offences u/s 363/376 RPC and section 4 of the POCSO Act, the punishment under section 4 POCSO Act being greater in degree, keeping in to consideration the facts and circumstances of this case, there being no evidence of any earlier conviction against the accused, the accused being first time offender, the accused is sentenced u/s 4 of POCSO Act for committing penetrative sexual assault against the victim, who is under 16 years of the age, for a rigorous imprisonment for a term of 20 years and shall also pay a fine of Rs 50,000 Both the sentences shall run separately. (JNF) |
