Court awards life-imprisonment in rape with 8 years old girl

18/03/2018

JAMMU, Mar 17: 3rd Additional Sessions Judge Jammu Haq Nawaz Zargar today awarded life-imprisonment and fine Rs 50,000 to Rakesh Kumar, S/o Thoru Ram, R/o Chowadhi, Tehsil & District, Jammu. Court also directed State to pay compensation of Rs. 3.00 lacs will be a just and reasonable amount for providing financial assistance to the victim, which may be paid within a period of one month after the expiry of appeal time.
According to the prosecution story is that the complainant had filed the complaint in Police Post, Sainik Colony and same is submitted before the Police Station, Channi Himmat by filing the Docket in the Police Station. In the report it is submitted that the complainant have two daughters both are minor and at 4:00 pm in the day both the daughters aged 10 and 8 years had gone to collect the firewood on the back side of the house. At that place some unknown person came and committed rape with the victim, (name withheld) aged 8 years. The victim raised hue and cry. On hearing this, he and his wife went to the Place of occurrence and saw the minor victim in a pool of blood. The unknown person succeeded in fleeing from the spot. If the said person came before him, he can identify the same. On filing of this report, FIR No. 11/2012 under section 376 was registered.
3rd Additional Sessions Judge Jammu Haq Nawaz Zargar after hearing APP Vijay Sharma for the state observed that convict Rakesh Kumar and his counsel could not point out any adequate or special reason to award him a sentence less than the maximum provided for the offence under section 376 RPC. At the same time, I am also of the view that it is not the case where the minimum sentence needs to be awarded to the convict. Sentence under section 376 RPC can be extended upto life and not less than ten years. It is a settled principle that the responsibility of a court does not end by mere conviction in a criminal case, appropriate and adequate sentence must also be awarded keeping in mind the need to protect the society from crime and need to adopt corrective method as called for in the facts and circumstances of each case. The convict in present case has destroyed the entire psychology of an eight years old girl and pushed her into deep emotional crises and the victim of such tender age shall throughout her life undergo the trauma and agony she suffered by the act of convict. Court also observed that accused named Rakesh Kumar, S/o Thoru Ram R/o Chowadi, Tehsil and District Jammu is sentenced to undergo life imprisonment and sentenced to pay fine of Rs 50000/- (Fifty Thousand only) for the offence u/s 376 RPC. In default of payment of fine, he shall further undergo simple Imprisonment for six months. The fine, if deposited by the accused shall be paid to the minor victim.JNF

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