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| Court awards three years sentence for assault on woman | | | Jammu, October, 01-
Principal Sessions Judge Kathua Mr. B L Bhat convicted and sentenced Tara Chand s/o Girdhari Lal r/o Madhoom Tehsil Hira Nagar to undergo three years rigorous imprisonment and fine of Rs 10,000 for assaulting woman, who was facing trail for the last ten years u/s 325/354 RPC. Court ordered that the payment of fine should be paid in full to the prosecutrix as compensation.
According to the prosecution case, on September 29, 1995, one Inder Kumar filed a written report at P/S Hira Nagar alleging that his relative (victim) had visited his house at day time and while she was returning to her Village Dayani Tehsil Samba, accused Tara Chand assaulted her with an intent to gratify his lust. As prosecutrix struggled, the assailant closed her mouth and tried to strangulate her. She was forcibly dragged towards bushes, subjected to physical violence and manhandled besides sexually abusing her. One Tirlok Singh, who was passing thereby, saved the prosecutrix from the clutches of the accused.
It was further alleged that the accused had also removed golden earring of the prosecutrix. A case u/s 376/511, 382, 323 RPC was registered by the police and started investigation. The accused was caught on spot and handed over to police. After completion of the investigation the Challan was presented in the Court.
While awarding sentence Principal Sessions Judge Kathua Mr. BL Bhat after hearing Public Prosecutor appearing for the state and Adv BB Bhagotra appearing for the accused observed that it is established beyond doubt that the accused used criminal force to have sexual intercourse with the prosecutrix against her will and attempted to rape her causing multiples grievous and simple injuries. Charge u/s 325 RPC stands established against the accused, however, it is to be determined whether sexual assault and attempt to rape on prosecutrix would fall within the ambit of section 511/376 RPC or section 354 RPC, though multiple injuries including teeth bite marks on the delicate organs of prosecutrix clearly suggest attempted rape. The dictum of law does not support conviction of accused u/s 511/376 RPC. Thus, on proof, indecent assault on prosecutrix, the accused is to be convicted u/s 354 RPC. With these observations Court awarded two years RI and fine of Rs 5000/- and u/s 325 RPC and one year RI and fine Rs 5000/- u/s 354 RPC. Court ordered that both sentences should run concurrently. Court further ordered amount of fine realized should be paid in full to the prosecutrix as compensation.
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