2015 GANDERBAL CASE | Man gets 5 years in jail for trying to outrage minor girl’s modesty

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Srinagar: A court in Ganderbal on Thursday sentenced a man to five years imprisonment for attempting to outrage modesty of a minor girl in 2015 even as it ordered him to pay Rs 1 lakh as compensation to the victim.

The Court of Chief Judicial Magistrate, Ganderbal, Fayaz Ahmad Qureshi awarded the punishment to Ghulam Nabi Bhat of Devipora Koragh, Ganderbal, observing that the prosecution proved its case beyond shadow of any doubt against the accused who committed the offences under Sections 342 (wrongful confinement), 354 (intending to outrage modesty), 354-A (demand of sexual favors) of the Ranbir Penal Code.

“This court deems it appropriate to sentence the accused to simple imprisonment of one year for the commission of offence under Section 342 RPC, five years simple imprisonment and fine of Rs 1 lakh for the commission of offence under Section 354 RPC and 3 years simple imprisonment and fine of Rs 10,000 for the offence under Section 354-A RPC,” the court said.

It accordingly sentenced the accused to punishment, ruling that all the sentences would run concurrently.

Out of the total fine of Rs 1,10,000, the court said, Rs 1 lakh should be paid to the victim as compensation.

“In default of payment of fine, the convict shall undergo further simple imprisonment of 3 months,” the court said.

It ordered that the convict, who was present, be taken into custody and sent to District Jail Dignibal for serving the sentence.

Observing that the case also falls in the category of cases under Victim Compensation Scheme, the court recommended the case to the District Legal Services Authority Ganderbal for adequate compensation to the victim in addition to the compensation ordered in the judgment.

“The scheme envisaged under Section 357A CrPC, 1973 is a beneficial scheme and so, its benefits can be extended to victims of the offences though for trial of the cases or for punishment no retrospective effect can be given to criminal law,” the court said.

The prosecution case was that on July 21, 2015, the father of the victim as complainant lodged a written report in Police Station Kheer Bhawani, Ganderbal stating that his daughter went to the shop of Bhat, a tailor, to get her clothes.

The complainant said that Bhat attempted to molest the victim who was just 11 years of age and tried to outrage her modesty and that the victim attempted to run away from the spot but Bhat closed the door, so she raised hue and cry and succeeded in running away.

Following the investigation, a chargesheet was presented before the CJM Court and a charge was framed against Bhat for the commission of offences under Sections 354, 354-A, and 342 of the RPC.

During the trial, the prosecution produced five out of the six listed witnesses.

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