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| Court awards 12 years RI in minor rape case | | | Early Times Report
JAMMU, June 27: Special Judge Fast Track Court POCSO Yash Pal Sharma today awarded 12 years rigorous imprisonment and fine Rs 20,000 to Mohd. Hanief S/o Din Mohd. R/o Raika Bahu Fort for raping with minor.
Court also considering all the factors relevant for determining the compensation, the economic condition of the victim, the victim is hereby awarded lump-sum of Rs. 05 lacs as compensation in terms of provisions referred above read with victim compensation scheme applicable in the UT of J&K. The D.L.S.A. Jammu shall take necessary step for disbursement of compensation to the victim child in accordance with the law and rules governing the subject.
As per prosecution story, the proceedings in this case commenced with the lodging of written report by father of the victim on 27.08.2018 before I/C PP Digiana stating therein that the daughter of the complainant Mr. M namely Miss B, who is only 16 years old is kidnapped by unknown person who had gone to market at 8 in the morning to buy something on 25.08.2018 i.e. Saturday but she did not return back, they searched for her everywhere including the houses of neighbour/relatives but she could not be found and now three days have gone, therefore, FIR be registered.
After registration of FIR no. 194/2018 at Police Station Gandhi Nagar, Jammu on the basis of daily diary report No. 17 of Police Post Digiana, the investigation commenced which was entrusted to SI Kali Charan. The IO on the basis of collection of evidence which included obtaining of date of birth certificate of victim from her school showing her date of birth to be 19.07.2002, framing of site plan of the place of occurrence. The police party finally on coming to know about the whereabouts of the accused and the victim went to Bhind MP and recovered the victim from the accused, who was taken into custody i.e. formally arrested on 23.10.2018 from Allu Market Bhind MP. The IO after the medical examination and other investigation made out offences under sections 363, 376 RPC and 4 POCSO Act and dropped the proceedings against Mohd Hussain and Abdul Hamid under section 169 Cr.PC.
Special Judge Fast Track Court POCSO Yash Pal Sharma after hearing both the sides observed that convict has been found to have committed the offence of penetrative sexual assault punishable with maximum punishment of life imprisonment. Similarly, the offence is against the society and committed against the minor victim of tender age of 16 years and student of 10th class. Therefore, message has to go to the society at large and there has to be difference not to commit sexual abuse of any kind upon children. But un-doubtedly in the case in hand. It has to be kept in mind that it is a case of romantic consensual relationship of the victim with the accused who was above 16 years of age and accused was 6/7 years older to her but accused still exploited her taking the benefit of her tender age of 16 years when a child gets bodily changes and therefore, is susceptible to such type of relationship. It is not the case of the accused being of the same age group or 2/3 years older to her but still fled away with the victim child from Jammu and took her to different places for two months and ultimately the victim was recovered from the possession of the accused from the state of M.P. by the police party along with father of the victim and during this period the victim had become pregnant also and she had suffered a lot of trauma, pain and agony when her pregnancy was terminated at Government Hospital after the registration of case during the investigation as is the evidence on record and not denied by the accused which is totally corroborated from the report of doctors on record,.
Admittedly, the prosecution has not brought on record anything to show that accused has any previous criminal record or previously convicted in any criminal case. Therefore, he continues to be first time offender.
Hence considering all these factors and mitigating circumstances projected by the accused and he being first time offender, keeping in mind the totality of the circumstances, the case being of romantic relationship, the convict Mohd Hanief is sentenced to undergo rigorous imprisonment for twelve (12) years and also to pay fine of Rs. 20,000/- which shall be paid to the victim as per sub section (3) of section 4 of POCSO Act. In default of payment of fine, accused shall further undergo rigorous imprisonment of one year.
—JNF |
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