Early Times Report
JAMMU, May 17: Principal Sessions Judge Reasi R N Wattal awarded 10 years imprisonment and fine Rs 10000/- to one Kashmir Singh who was facing trial in rape with minor.
According to the police case that on 15th February 2018, the complainant Prem Singh S/o Amar Singh caste Rajput R/O Goswan Tehsil and Dist. Reasi, along with his daughter Kritika Thakur, moved a written application before the S.H.O Police Station Rasi alleging therein that they are the residents of village Goswan Tehsil and District Reasi, there was the marriage function in their house on 14th February 2018, the complainant's minor daughter aged 08 years was present in the house, the other family members were busy in the function, taking the benefit of prevailing circumstances the accused Kashmir Singh S/O Ram Singh R/O Goswan Tehsil and District Reasi, called complainant's daughter and took her to a cowshed adjoining the complainant's house, raped her there and threatened her with dire consequences if she narrates the incident to anyone, his daughter got scared & was not feeling well, in the morning on next day at 8:0 p.m she narrated the incident.
Principal Sessions Judge Reasi R N Wattal after hearing both the sides observed that The crime here is a rape, it is particularly heinous crime, a crime against society, a crime against human dignity. The penal statute has prescribed a maximum and minimum punishment for offence of rape to view such offence once proved lightly is itself and afferent to society. Though there is discretion to court to award a less sentence than minimum, adequate and special reasons decide the discretion. The discretionary power cannot be used in discriminately or routinely. Same has to be used sparingly in cases where special facts and circumstances justify a reduction. The justifiable reason given by the accused herein for reduction in sentence or pardon to him is that he is a poor and is having huge family comprised of his wife, siblings and other family members. He is only the bread earner of his family. Cognizance of these facts has to be taken note of before awarding the sentence to accused. Accordingly, accused is convicted for commission of the offences u/s 376, 506 of RPC and sentenced to undergo imprisonment of 10 years and fine of Rs. 10000 for the commission offence u/s 376 of RPC and six months imprisonment and fine of Rs.500 for the commission of offence u/s 506 of RPC. Both the sentences shall run concurrently.
—JNF |
