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| HC upholds sentence, modifies punishment from 20 years imprisonment to 7-years | | Rape Case | | Early Times Report
JAMMU, Sept 6: Jammu and Kashmir and Ladakh High Court has upheld the sentence in a rape case but modified the punishment from 20 years imprisonment to 7 years.
The Division Bench comprising Justice Rajnesh Oswal and Justice Mohan Lal while modifying the sentence observed that after churning the entire prosecution evidence by us being the first court of appeal, we are of the considered view that the prosecution has been able to prove charges punishable under Sections 376/506 RPC against appellant/convict beyond any reasonable doubt, and therefore, his conviction for the said charges deserve to be upheld. The net result now surfaces is, that instant appeal stands dismissed.
Be it noted, that the trial court vide it's judgment of conviction and order dated 12-01-2021 rendered in case File No. 02/Challan has sentenced appellant/convict to undergo rigorous imprisonment (RI) for a period of 20 years and to pay fine of Rs. 50000/- for commission of offence u/s 376 RPC and 2 years imprisonment for commission of offence u/s 506 RPC in default whereof the appellant/convict shall further undergo simple imprisonment for 6 months with further direction that the fine deposited by the appellant/convict shall be paid to the prosecutrix and all the sentences shall run concurrently.
It is pertinent to mention here, that the FIR in the case in hand has been lodged on 04-12-2011 for commission of offence of rape u/s 376 RPC committed on 04-04-2011. As per the Jammu & Kashmir Criminal Law Amendment Act 2013 (Act No. XI of 2014) the maximum punishment for commission of offence of rape as mandated u/s 376 RPC is rigorous imprisonment for life and minimum punishment shall not be less than rigorous imprisonment for 10 years and also fine.
As the offence of rape has been committed by appellant/convict in the year 2011, therefore, for imposing sentences upon appellant/convict the provisions contained before the Amendment Act of 2013 will apply, therefore, for punishment of rape the minimum punishment shall not be less than 7 years which may extend to life imprisonment or for 10 years and fine also.
Ld. Counsel for appellant/convict has strenuously argued, that at present appellant/convict is having age of 34 years, is a young married man having wife, children and parents to look after, belongs to very poor family and is the only bread earning member of his entire family, therefore, deserves lenient view in imposing sentences. On the contrary Ld. GA has argued, that the trial court has imposed the sentences which are proportionate to the crime committed by the appellant. We have been informed by Ld. Counsel for appellant/convict and Ld. GA that during the pendency of the trial/appeal the prosecutrix (PW-3) has also solemnized marriage. Prosecutrix also belongs to a poor family of rural area and her cry for justice cannot be ignored, as by the crime committed by appellant/convict, the prosecutrix has suffered physical agony and mental trauma which is incalculable. Offence of rape is grave in nature and is the most hated crime in the society. Taking into consideration the mitigating circumstances projected by the appellant/convict, we take a lenient view and uphold the conviction, but only modify the sentence of 20 years rigorous imprisonment imposed upon appellant/convict to minimum sentence of 7 years (RI) for commission of offence of rape u/s 376 RPC without altering the fine component of Rs. 50000/-. However, the sentence imposed by the trial court for commission of offence u/s 506 RPC for 2 years simple imprisonment and fine component shall remain unaltered. Criminal confirmation reference No. & dated Nil is answered accordingly. Criminal Conviction Appeal is disposed off and after due compilation under rules shall be consigned to record.
The allegations against the accused are that on 03.12.2011 prosecutrix filed a written report before Superintendent of Police District Ramban inter-alia alleging that she is resident of Panthal and is unmarried. It is about 8 months ago that Liaqat Ali S/O Ghulam Rubani R/O Sumber Tehsil & District Ramban who has been married with her real aunt, had committed rape upon her and thereafter she was conceived and is in pregnancy of 8 months. Because of her dignity she did not inform anybody. The said complaint was forwarded to the Police station concerned and on receiving the said application on 04.12.2011 an FIR No. 41/2011 for the commission of offence U/S 376, 506 RPC was registered.
—JNF |
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