Court convicts man for raping minor, gives him 10-year jail term

A local court here on Tuesday held a man guilty of raping the nine-year-old daughter of his father’s friend and sent him to ten years in jail.

The accused, Ishfaq Ahmad Khan, 21, of Kehribal Mattan was booked by police on January 7, 2017, for raping the girl during his night stay at the victim’s home.

The case FIR no. 03/2017 US 376 RPC stood registered against the accused.

He was subsequently arrested and the investigation was set in motion.

Pronouncing the judgment; the Additional Sessions judge Anantnag Khalil Ahmad Chaudhary held the plea of the prosecution that the conviction can be based on the sole testimony of the victim.

“The case, in essence, hinges on the sole testimony of the victim. After sifting and scanning the testimony of the victim for the purpose of ascertaining as to whether predominant consideration can be given to the same as to form the base of conviction, the answer has to be in affirmative,” the judge said while holding the accused guilty of the offense.

He further said there is no requirement of looking for corroborations and that the minor contradictions which are normal in such type of cases, ought to be overlooked.

The judge pointed out that the evidence on record unerringly points towards the guilt of the accused.

“There is a complete chain of events to indicate that within all human probability the crime was committed. The circumstances bought on the record are consistent with the guilt of the accused and inconsistent with his innocence. Thus he is convicted for the offense US 376 (2) (i) RPC,” the judge said.

Later in the day the judge sentenced the convict to ten-year rigorous imprisonment.  

“I am of the considered opinion that ends of justice would be met only if accused is sentenced to ten years rigorous imprisonment and a fine of Rs 50,000. In default of payment of fine the convict has to undergo further imprisonment for a period of six months. Accordingly, the convict is sentenced,” the judge announced.

He further said the period of detention of the convict during investigation and trial of the case should be set off against the sentence awarded to the convict.

“It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is the protection of the society,” the judge concluded.

Earlier, during the trial, the counsels of the accused had argued that there was not sufficient evidence to establish the role of accused and prayed for his acquittal.

The prosecution, however, held that he was guilty of committing the crime.

“The conviction can be based on the sole testimony of the victim,” Advocate Syed Suhail Haqani, who prosecuted the trial as former Additional public prosecutor, stated.

Subsequently, the case was further argued by the newly appointed APP who pleaded for stringent punishment to the accused.