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| HC modifies sentence from 5 to 4 yrs with Rs. 35, 000 fine | | 20 years of trial in rape case | | Early Times Report
Jammu, Dec19- In a criminal appeal filed against the conviction and sentence awarded by Additional Sessions Judge Doda, Jammu and Kashmir High Court today upheld the conviction u/s 376 RPC, and modified five years imprisonment to four years and the sentence awarded by the trial court to appellant five years imprisonment with Rs. 35,000 as fine .The fine when realized be paid to the prosecutrix, the HC ordered.
After hearing both the sides, Justice JP Singh observed that Court would have remanded the case to Trial Court for consideration afresh on the question of sentence awardable to appellant, keeping in view the parameters, but in view of more than 20 years period which the appellant’s trial has already taken, it is considered inappropriate to remand the case to the Trial Court for determining the requisite punishment awarded to the appellant. The appellant’s case therefore needs to be considered on the information supplied by him through his affidavit indicating that he has a marriageable 22 years old daughter, besides the dependency of his minor children including a handicapped child. While determining the requisite sentences for the act committed by him, the cry of society and the victim for justice for the wrong done is necessarily required to be kept in view. At the same time it cannot be lost site of that the appellant has suffered heavily because of the delayed trial which was not wholly attributed to him and much of the delay had occasioned because of the prosecution’s default and the non-availability of the Presiding Officer of the Court.
Taking into consideration the societal condition of the area to which the appellant and victim belong, appellant’s financial condition, dependency of minor daughters and disabled son on him and the effect which his further detention in custody may cause to his family, Justice Singh upheld the appellant’s conviction u/s 376 RPC, and modified the Trial Court order sentencing the appellant to five years imprisonment and fine of Rs 5000, for four years and fine of Rs 35000 with default sentence of seven months, The fine when realized is ordered to be paid to the prosecutrix.
According to the case on March 3, 1989, following refusal of prosecutrix and her minor brother to accompany the appellant, Mir Hussain caught hold the prosecutrix by the breasts, tearing her shirt in the struggle resulting in injuries to the prosecutrix. The appellant forcibly laid her on the ground, gagged her mouth with his turban and repeatedly committed sexual inter-course. She became unconscious and her brother informed Taj Din the husband of the prosecutrix about the occurrence who retrieved her from the nursery. On the written complaint of Taj Din, FIR was registered at P/S Doda, the investigation started and after completion of the investigation challan was presented in the Court of law. In her statement prosecutrix stated that Ghulam Nabi was her earlier husband with whom she had stayed for five years before divorce. She thereafter remained with Gani Parray and was recovered on her father’s complaint and was married to Taj Din complainant who had paid Rs 6000 to her father. JNF
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