SRINAGAR: Further Classes Courtroom Handwara on Wednesday convicted an accused in a sexual assault case on a minor and sentenced him to 10 years imprisonment in addition to levying on him a fantastic in tune of rupees fifty thousand.
The court docket noticed “when a lady is ravished, what’s inflicted is just not merely bodily harm however the deep sense of some deathless disgrace.”
As per an order by Further Classes Decide, Handwara, Umi Kulsoom, the Realized Counsel for convict, Advocate Abdul Majeed, asserted that the accused is a 26-year-old younger man from an economically deprived household background. The counsel highlighted that the convict has a clear report with no prior convictions or pending prison circumstances.
Courtroom noticed, “The place a rape is dedicated on a toddler under sixteen years of age, the conventional sentence which may be awarded is just not lower than 10 years rigorous imprisonment. The court docket in distinctive circumstances contemplating the “particular and ample causes” might sentence the convict for a interval lower than 10 years rigorous imprisonment.”
“The sufferer/prosecutrix was 13 years 4 months and 11 days of age on the time of fee of offence as per the College report. The Prosecutrix/Sufferer was a helpless baby. The convict, who on the time of incidence was the age of 18 years 3 months and 4 days, shattered the dignity of prosecutrix; she has to bear the burden of the act dedicated by the convict all through her life. The bodily scar might have healed up, however the psychological/emotional scar will at all times stay. When a lady is ravished, what’s inflicted is just not merely bodily harm however the deep sense of some deathless disgrace. Little one sexual abuse is a severe and heinous offence towards the society and humanity. To indicate mercy in baby sexual abuse case could be a travesty of justice. The socioeconomic standing of the convict in baby sexual abuse case is just not a related consideration in awarding punishment. The convict shattered the essential human proper of the sufferer to reside with honour and dignity. Judicial response to human rights can’t be blunted by authorized jugglery. No particular and ample circumstances exist which can warrant the awarding of sentence lower than ten years rigorous imprisonment to the convict,” the order noticed.
Whereas saying the quantum of punishment, the Courtroom mentioned that, “After contemplating the totality of details, the convict is sentenced to 10 (10) years rigorous imprisonment together with fantastic of Rs.50,000/- (Rupees Fifty Thousand) and in default of cost of fantastic, he shall go additional six months for easy imprisonment and to pay a compensation of Rs.50,000/- (Rupees Fifty Thousand) to the sufferer and in default whereof to endure easy imprisonment for a interval of six (6) months. Interval already undergone by the convict throughout trial shall be set off towards the sentence awarded. Mandatory warrant be drawn up and convict be dedicated to District Jail Kupwara.” (GNS)
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