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| Court directs state to give victim Rs 1 lakh compensation | | Rape accused gets 10 yrs RI | | Early Times Report
Jammu, Aug 13 : Third Additional Sessions Judge, Jammu, Kishore Kumar has awarded 10 years of rigorous imprisonment to a rape accused.
Rajinder Singh, son of Karnail Singh of Sui, had been facing trial in the rape case for the past nearly three years. A written report against him was filed by the victim with police on September 10, 2013, alleging therein that since she was in relationship with the accused for the past 10 years, he had raped her many times on the promise of marrying her. She alleged that the accused forcibly took her to a field on the night of September 8, 2013 where, after raping her, he declared that he won't marry her.
Police then booked the accused under section 376 of RPC and handed over the investigation of the case to Inspector Jatinder Rana. During investigation, police got the girl medically examined and recorded her statement under section 164-A of RPC. The police probe found out that the girl had been raped by the accused. After hearing the two sides, the judge said the physical scar of a woman might heal up but her mental scar would remain for ever. "When a woman is ravished, what is inflicted, is not merely physical injury, but the deep sense of some deathless shame. Therefore, while awarding sentence in a rape case, protection of society and stamping out proclivity must be the object of law, which must be achieved by imposing appropriate sentence. To take a lenient view merely on the ground that the accused has a family to support will be to render the justice system a suspect. The common man will lose faith in the criminal judicial system and courts because in the cases like those relating to rape, he understands and appreciates the language of deterrence than the reformation," he observed. With these observations, the court awarded rigorous imprisonment for 10 years to the accused and also imposed a fine of Rs 50,000 on him. In default of the payment of fine, the convict would undergo simple imprisonment for three months. The period of detention, if any, of the convict during investigation, enquiry or trial would be set off. In case the fine amount was realized from the convict, Rs 40,000 would be paid to the prosecutrix as compensation, the court directed. The judge said in terms of J&K Victim Compensation Scheme under section (1) of section 545 of CrPC made applicable to the state vide Notification dated April 23, 2013 under SRO 229 and as per the schedule to Notification, different amounts had been mentioned for financial help. "The Supreme Court has recognized the need for awarding compensation to such victims. So keeping in view the poor status of the family of victim which must have undergone the mental trauma due to the barbaric act of rape upon her by the convict, I think the state should also provide monetary assistance to the victim out of its own funds on its failure to protect the dignity of its citizens being their custodian. Therefore, in my view, a compensation of Rs 1 lakh will be a just and reasonable amount for providing financial assistance to the family of victim which shall be paid within one month by the state government after the expiry of appeal time," he added (JNF). |
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