HC awarded 10 years RI in rape case and compensation Rs 2 lacs to victim

18/10/2017

Jammu, Oct 17: In an appeal against the conviction in rape case, Justice Mohammad Yaqoob Mir of J&K High Court modified the setence awarded by the trial and awarded 10 years rigorous impriosnment to Manzoor Ahmad Teli.
Justice Mohammad Yaqoob Mir further directed that under Jammu and Kashmir Victim Compensation Scheme, 2013 notified vide SRO 229 dated 23.09.2013, victim is entitled to compensation. Learned Sessions Judge, Srinagar (Chairman, District Legal Services Authority) shall examine and grant an amount of Rs.2,00,000(rupees two lacs) as compensation in favour of the victim, as permissible in accordance with the said scheme, which, on sanction, shall be kept in fixed term deposit in the name of prosecutrix for a period of six years.
Justice Mohammad Yaqoob Mir after hearing both the sides observed that trial court has properly appreciated the entire evidence and has rightly come to the conclusion that the accused has committed the rape, therefore, has rightly convicted him for commission of offence under Section 376 RPC, as such, judgement impugned recording conviction does not call for any interference. Such type of shameless accused for satisfying devilish lust not sparing a young baby just 3 to 5 years of age are absolutely inhuman, threatening the humanity. While recording sentence vide order dated 9.5.2014, trial court has erred in awarding simple imprisonment of 10 years under Section 376(2)(f) RPC. Section 376(2)(i) RPC applies not clause (f). Punishment for all clauses under sub-section (2) of Section 376 RPC is rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine. Awarding of simple imprisonment is not prescribed, therefore, to the same extent order of sentence is modified. Accused is sentenced to undergo rigorous imprisonment of ten years for commission of offence punishable under Section 376(2)(i) RPC and a fine of Rs.10,000. In default of payment of fine, accused shall have to undergo rigorous imprisonment of six months. The period already undergone during investigation, trial and after sentence bet set off against the sentence awarded. JNF

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