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| High Court modifies conviction in rape case | | | Early Times Report
JAMMU, July 11: In an appeal filed against the conviction in a rape case, Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High Court in Srinagar upheld the conviction of the appellants for the offenses punishable under Section 366 and 376 of the RPC (Ranbir Penal Code). However, the court modified the sentence imposed by the trial court. The appellants will now undergo rigorous imprisonment for a period of five years for the offense under Section 376(2)(g) of the RPC and pay a fine of Rs. 10,000 each. In case of non-payment of the fine, they will face an additional imprisonment of six months. The sentence awarded for the offense under Section 366 of the RPC remains unchanged. The period the appellants spent in custody during the investigation, trial, and pendency of the appeal will be set off against the imposed imprisonment. The appellants are directed to surrender before the trial court within fifteen days from the pronouncement of the judgment.
According to the prosecution, on February 27, 1989, the prosecutrix and her blind mother went to Handwara hospital for treatment. On their way back, they stopped at a shop where the appellants were present. The prosecutrix asked the appellants for directions to the house of Ghulam Rasool, a forester, as they intended to stay there if they couldn't find transportation. One of the appellants claimed to be the brother of Ghulam Rasool and offered to take the prosecutrix to his house. However, they led her to an orchard in Gogipora and forcibly subjected her to repeated sexual intercourse in a shed. After the rape, the appellants fled, and the prosecutrix met other witnesses on her way back to the shop, where she narrated the incident to her mother. The report was filed on February 28, 1989, and an FIR was registered at the Handwara Police Station.
The appellants challenged the judgment of the Sessions Judge, Kupwara, where they were convicted for the offenses under Section 366 and Section 376(2)(g) of the RPC. The sentence included ten years of rigorous imprisonment and a fine of Rs. 3,000 for the offense under Section 376(2)(g), along with two years of rigorous imprisonment for the offense under Section 366. In default of the fine, they were directed to undergo an additional six months of imprisonment. |
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