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Rape convict teacher sentenced to 10-years imprisonment
2/29/2016 10:48:39 PM
Early Times Report
Srinagar, Feb 29: A local court in Srinagar today sentenced a private school teacher to ten years rigorous imprisonment for raping a student here in 2013.
The court of 2nd Additional Session Judge Srinagar, Shamlal Lalhal also imposed a fine of Rs 25000 on the convicted teacher Parvaiz Ahmad Dar, a resident of Barzulla locality of the Srinagar's uptown.
"In default in payment of the fine, the convict shall undergo rigorous imprisonment for a period of six months," the court said.
The convict was also sentenced to rigorous imprisonment of one year and Rs 500 fine under section 342 (wrongful confinement) and 2 years and Rs 500 under 506 (criminal intimidation).
"All the sentences imposed on the convict shall run concurrently and the period of imprisonment already undergone by the convict in judicial lockup shall be set off against the period of imprisonment awarded to the convict," the court said. It also directed that entire fine amount, if paid by the convict, shall be paid to the victim.
"Sexual violence apart from being a dehumanising act is an unlawful intrusion of the right to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self esteem and dignity - it degrades and humiliates the victim and where the victim is a helpless innocent child, it leaves behind a traumatic experience," the court said, referring to a judgment by the apex court.
The Supreme Court has also underlined that a rape convicted should be treated with a heavy hand.
"An underserved indulgence or liberal attitude in not awarding adequate sentence in such cases would amount to allowing or even encouraging 'potential criminals," it said.
The additional public prosecutor argued that the victim a stigma has been attached to her and she will not be able to properly settle down in her life. The APP also argued that girl has not only suffered mental trauma but her whole life has been ruined and spoiled and therefore maximum punishment of life imprisonment be imposed on the convict.
On the other hand defence counsel argued that there are adequate and special reasons for imposing less sentence than seven years which according to him is minimum sentence for commission of offence u/s 376 (1) RPC.
Parvaiz was arrested by police soon after brother of the victim filed a complaint with police station Saddar here on 12 December 2013.
A case (FIR No. 242/2013) was registered by the police and a charge sheet was presented against Dar under sections 376, 342 and 506 RPC. The court on 20 February last year charged Pervaiz Ahmad Dat but denied the allegations and claimed to be tried. After trial, the court found him guilty.
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