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| Court awards 27 years RI and fine Rs 75000/- in minor rape and kidnapping case | | | Early Times Report
JAMMU, Mar 4: Principal Sessions Judge Ganderbal Abdul Nasir awarded 27 years rigorous imprisonment and fine Rs 75000/- to Zubair Farooq Kambay who was facing trial in rape with minor.
Brief facts of the charge sheet are that on 25.07.2023, a written report was lodged before the police post Shadipora by the complainant to the effect that applicant had left her daughter name (with held) in her parental house for the purpose of attaining education. The accused Zubair Farooq Kambay S/o Farooq Ahmad Kambay R/O Wakoora Gandeerbal, enticed the daughter of the applicant on phone and kidnapped her daughter for committing illicit intercourse with her. The daughter of the applicant is minor and cannot make a difference between right or wrong. On this FIR was lodged in police station Ganderbal for offences u/s 363,376 IPC and % POCSO Act..
Principal Sessions Judge Ganderbal Abdul Nasir after hearing both the sides observed that In the present case accused has committed offences against the victim who is a child below 16 years of age i.e of 14 years age. Therefore considering the gravity and heinousness of offence, the court is of the opinion that accused should not be shown any leniency to ensure sexual assaults against the children are not repeated, as the same is resulting in shaking the conscious of the society at large and is damaging the security, liberty and freedom of minor children in the society. The victim suffers trauma throughout her life for commission of such offences against her and as such, these acts need to be curbed with stringent punishment so that deterrence is created among the likeminded persons who may try to commit offences against the children. The offenders committing sexual offences against the children need to be handed with iron hand and no sympathy and leniency needs to be shown to such offenders. Therefore the accused is sentenced for commission of offence u/s 363 RPC to rigorous imprisonment for a term of 7 years and a fine of Rs. 25,000/-. Considering the provisions of section 42 of POCSO
Act, court is of opinion that the offender who is found guilty of commission of offences u/s 363/376 RPC and section 4 of the POCSO Act, the punishment under section 4 POCSO Act being greater in degree, keeping in consideration the facts and circumstances of this case, there being no evidence of any earlier conviction against the accused, the accused being first time offender, the accused is sentenced u/s 4 of POCSO Act for committing penetrative sexual assault against the victim, who is under 16 years of the age, for a rigorous imprisonment for a term of 20 years and shall also pay a fine of Rs 50,000/-. Both the sentences shall run separately and in case accused fails to deposit the amount of fine, he shall further undergo a sentence for one month each for the offences u/s 363 RPC and section 4 of POCSO Act.
—JNF |
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