HC upholds trial court decision
Dismisses Convict’s Appeal
D A RASHID
Srinagar, May 25: The High Court on Friday dismissed an appeal of an accused who was convicted by the trial court for abducting and raping a minor. The court, however, reduced the punishment awarded by the trial court by three years and spiraled the fine imposed from five to Rs 50,000.
Court of Justice Muhammad Yaqoob Mir held that in view of long pendency of the matter the punishment awarded by the trial court is reduced from 10 to 7 years but the fine of Rs 5000 imposed is enhanced to Rs 50000. And in default, the accused shall have to undergo further one year imprisonment.
The court said in case the amount of fine is deposited, it shall be paid to the victim.
The trial court had convicted Bilal Ahmad for abducting a minor and committing offences under the section of 363 (abduction) and 376(rape) of RPC.
The victim was studying in class VIIIth and on February 15, 1998 ,she had gone for tuition in Srinagar but did not comeback till late evening.
An FIR was registered by Police station Sadder on February 17 vis-a- vis the case and a charge sheet was filed in the trial court after police investigated the matter.
Charges against the accused were framed by the trial court for the offences under sections 363 and 372 of RPC on May 22, 1998.
The High Court asked the trial court to seek the presence of the accused and send him to Central Jail Srinagar for serving the period of sentence.
The case dates back to 1998 nearly 14 years have elapsed, sentence of five years rigorous imprisonment and fine of Rs two thousand for commission of offence under section 363 of RPC is maintained.
While pronouncing the judgment the court observed that morality is an essential feature of a healthy society and the values when invaded, the society gets frightened and its social environment polluted.
“When virtue of a minor gets tarnished, humanity feels ashamed and rape is such an offence which renders the victim and her family shell-shocked” the court observed.
The court held that normal life for the victim and her family gets ruined and the offence is not only heinous but an eyesore for the society.
“The society bleeds when it is noticed that the moral degradation has reached the point of subjecting a minor girl to sexual assault. The aggressor has to be shown at the right place so that the confidence of the society in criminal law justice system is not eroded” the court held.
Lastupdate on : Fri, 25 May 2012 21:30:00 Makkah time
Lastupdate on : Fri, 25 May 2012 18:30:00 GMT
Lastupdate on : Sat, 26 May 2012 00:00:00 IST
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Dismisses Convict’s Appeal
D A RASHID
Srinagar, May 25: The High Court on Friday dismissed an appeal of an accused who was convicted by the trial court for abducting and raping a minor. The court, however, reduced the punishment awarded by More
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