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| HC reduces sentence of main accused from 10 to 5 years | | Kidnapping & Rape of minor girl | | EARLY TIMES REPORT
Jammu, Mar -31 :- In a criminal appeal filed by applicants who were convicted and sentenced by the Trial Court in kidnapping and rape of a minor girl, Justice Hasnain Massodi reduced the sentence of main accused Pervaz Ahmed u/s 376 (rape) RPC from 10 years rigorous imprisonment to five years rigorous imprisonment without any change in the fine.
High Court upheld the conviction u/s 363/342 whereby Trial Court awarded five years RI and fine Rs 2000 and in section 342 imprisonment for three months and fine Rs 5000/-. Regarding the other four accused namely Farooq Ahmed, Tanveer Ahmed, Imtiyaz Ahmed and Swami Raj, State High Court acquitted all these accused of the charges having abetted u/s 376, however, conviction of these accused for offences u/s 342 and 109 RPC is upheld and maintained but the sentence awarded by the Trial Court is reduced to 3 years RI instead of five years awarded by Trial Court.
According to police case on December 17, 2001 the accused Pervaz Ahmed along with other accused kidnapped the victim who was according to their parent was minor at that time and committed rape on the victim. It further mention police story that accused contracted marriage with the victim.
The High Court after hearing the parties said that the victim in her statement admitted to have gone to her own free will with accused Pervaz Ahmed and to have lived and cohabited with him and expressed her desire to live with him, though the Sub-Judge Batote declined her prayer yet the statement of the victim cannot be lost sight of while deciding on the punishment to be awarded to the appellant and referred a identical judgment of the Supreme Court and upheld the judgment of Trial Court, however reduced the sentence in rape from 10 years to five years of the main accused and other four accused are acquitted from rape case whereas uphold the conviction in other offences. JNF JNF/MARCH/31/2011/1
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