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| HC upholds seven years’ RI in rape case | | |
EARLY TIMES REPORT
JAMMU, Feb 12
Justice Ghulam Hasnain Massodi of Jammu & Kashmir High Court Jammu Wing in a criminal appeal filed against the judgment of Sessions Judge Udhampur, dated December 28, 2002 ,whereby the Court convicted appellant Sanjay Kumar under section 363 (kidnapping of minor) and 376 (rape) and sentenced rigorous imprisonment of two years u/s 363 and fine of Rs 500, seven years and fine of Rs 1000 u/s 376 RPC, upheld the conviction awarded by the Trial Court and cancelled the bail granted to the appellant and directed that appellant be taken into custody to serve the sentence.
According to the case, on July 25, 2000 victim lodged a written report at Police STF Sudhmahadev that accused on July 24, 2000 kidnapped the victim when she was on way to her residence. Sanjay took the victim to a house about a kilometer away from the place of occurrence and confined her in a room and without her consent subjected the victim to repeated sexual assault.
A case u/s 363/342/376 RPC was registered and after the completion of the investigation challan was presented in the Court of law. In 2002, court convicted and sentenced the accused and awarded seven years and two years rigorous imprisonment, which was challenged by him in a criminal appeal.
In the 27 pages approved for the reporting judgment Justice Massodi after hearing Advocate JR Arora appearing for the appellant and Deputy AG BR Chandan appearing for the state and gone through the case and also statements of witnesses and also referred various judgments, observed that the prosecution had been able to prove its case beyond reasonable doubt.
The appellant has been rightly convicted for committing offence punishable u/s 363/376 RPC. There has been no challenge to the quantum of sentence awarded by the Trial Court. Otherwise also having regard to the age of the victim as also the age and background of the appellant, the imprisonment awarded by the Trial Court appears to be just and proper and to serve the ends of justice.
With these observations, High Court dismissed the appeal and upheld the judgment of Sessions Judge Udhampur, dated December 28, 2002 and sentence is upheld. The bail granted to the appellant is cancelled and appellant is taken into custody to serve the sentence. (JNF)
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