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| Accused facing Trail in committing rape upon minor on Kirch point | | Court awarded Nine years imprisonment and fine Rs 2000/- | |
Jammu, October, 14:- Second Additional Sessions Judge Jammu Mr. Ashok Kumar Koul today awarded 9 years imprisonment and fine Rs 2000/- to accused Raman Masih alias Raju r/o Ramgarh Samba, who was facing trail, committing rape upon minor on Kirch point.
Mr. AK Koul Second Additional Sessions Judge Jammu after hearing Additional Public Prosecutor Mr. Ravinder Sharma appearing for the state and counsel appearing for the accused and referred various judgments of Supreme court of India and High Courts and observed that about the report of forensic science expert, he has given his report but has not entered in the witness box so the report of expert cannot be made the basis for giving benefit to accused. Prosecutrix as stated by her was 14 years old at the time of occurrence, her mother also stated that prosecutrix to be 14 years old. Her age as per radiologist could be between 14 and 18 years. There is generally two years margin in radiological age of a person. It means her age could be around 12 or 14 years. That he age at time of occurrence could more probably be below 16 years and so se was below the consenting age even. Her age has not been disputed by the accused. So the accused had committed the offence u/s 376/456 RPC and is accordingly convicted for the same. Regarding the quantum of punishment to be imposed, it is pertinent to state that accused has been facing trail for about 4 years and is young man of 35 years of age, so imposing a harsher sentence would definitely put him to immense hardship, and his family would also have to share his agonies. The court is of the view that a minimum punishment would even serve the cause of justice. The accused is convicted and sentenced imprisonment for 7 years and a fine Rs 1000/- u/s 376 RPC and also imprisonment of two years and fine Rs 1000/- u/s 456 RPC. The sentences run concurrently and the accused, who was present in the court taken into custody to serve the sentence.
According to the prosecution story on July 22, 2002, prosecutrix along with her parents lodged verbal report in P/S Ramgarh, alleging that se along with her brother and sister was sleeping in a room, while their parents were sleeping in the compound of the house. Around 12:15 AM somebody forced entry in the room and closed her mouth with his and, she tried to free herself but the person threatened her that she would be killed in case she raised an alarm, she identified him as Raman Masih, who forcibly committed rape upon her. She cried and her brother and sister woke-up and in the meantime their parents also got up but the accused fled away. The police registered a case against the accused and after completion of investigation presented challan in the court of law, which was decided today and the accused convicted and awarded 9 years imprisonment. |
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