news details |
|
|
| HC sets aside life in rape case | | | EARLY TIMES REPORT
JAMMU, Sept 7 : The High Court today set aside life imprisonment awarded in a rape accused. A Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice JP Singh and Justice Hasnain Massodi announced the decision today at Jammu. The sentence was awarded by the trial court on August 30, 2008.
In the 42 page judgment written by Justice Hasnain Massodi for the Division Bench observed that the appellant held to have been a Juvenile on the date of commission of offence but has been convicted u/s 376 RPC and sentenced to life imprisonment. To ask the Trial Court to make a report on the Juvenility of the appellant is one of the course opened to the Court, however as this Court as in exercise of its powers u/s 7 (3) of the Act already under taken an exercise to get the appellant examined by a Medical Board and the opinion of the Medical Board supported by necessary documents as regards details of medical examination to opt for such a course so viewed there is no need to ask the Trial Court to return finding on the Juvenility of the appellant when such a conclusion may very well be arrived at by this Court on the strength of material available on the file.
In these circumstances to ask the Trial Court to make a fresh enquiry shall only prolong agony of the appellant. DB further observed that trial Court failed to appreciate the medical evidence which did not corroborate the statement of the victim in as much as the doctor claiming to have examined the victim opined that the alleged offence was likely to have been committed with 24 hours of examination of the victim whereas admitted case of the prosecution that the victim was subjected to medical examination 72 hours after the occurrence and the age of appellant at the time of occurrence was less than 14 years and the Trial Court though under statutory obligation to enquire into the matter as regards age of the applicant avoided to focus on this aspect of the case and even failed to record age of the appellant, the date of birth of appellant as per the certificate issued by Tehsildar Doda is September 25, 1986 and thus he was 14 years of age on the date of occurrence and entitled to the benefit of Juvenile Act.
According to the prosecution case that on September 10, 2000, the father of the victim lodged a verbal report with the police station Doda alleging that on September 7, 2000 at 11:00 AM his daughter accompany the complainant to police station was over powered by the appellant in a field and subject to rape. The case was registered u/s 376 RPC and arrested the Mool Raj appellant.
While setting-aside the life-imprisonment, the court discussed Juvenile Act and observed that where an accused appears a little older than the age prescribed under Act and an enquiry has been suggested wherein the accused appears to be aged 21 years or below, the purpose is to ensure availability of benefit under the Act, to a delinquent Juvenile and to return a finding on age of accused who appears to be Juvenile at an earliest even at the cost of the postponement of trial till such enquiry is concluded. With these observations, the Court set-aside the life-imprisonment awarded by Trial Court. (JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
