Court awards 15 years RI to maternal uncle for rape of minor

18/05/2018

Jammu, May 17: Principal Sessions Judge Bhaderwah MK Sharma today awarded 15 years RI and fine Rs 5000 to Rohit Kumar @ Makhnoo S/O Amar Nath R/O Manthla Tehsil Bhder wah, at present House no.50, Lane 28, Bikram Chowk, Jammu who was booked by the police in rape with her niece.
Principal Sessions Judge Bhaderwah observed that it is a case of incest where maternal uncle is facing the charge of kidnapping and rape of his minor niece. The accused is a biological son of Amar Nath resident of Manthla Tehsil Bhader wah, who was given in adoption at a tender age to one Ram Lal of Bikram Chowk Jammu. The accused reached the house of the victim at village Dhrafra Tehsil Bhalla for the first time 5/6 months before the occurrence and thereafter, frequently visited the house of the victim and developed intimacy with the victim. On 01.03.2015, the accused lured the victim and took her to Punjab and committed rape upon her. On the strength of written report lodged by PW-2 Om Parkash, father of the victim, crime no. 26/2015 for the commission of offence u/s 363 RPC was registered in police station Bhaderwah and the investigation was entrusted to PW-14 Nazir Ahmed Rishoo I/C PP Bhalla. The I.O visited the place of occurrence and prepared the site plan, recovered the prosecutrix and got her medically examined. The record regarding age of the prosecutrix was obtained, which revealed that the victim is a minor. The accused was also got medically examined for potency. Statements of witnesses were recorded. On conclusion of investigation, the police filed this charge sheet against the accused for the commission of offences u/s 376/363 RPC.
Principal Sessions Judge Bhaderwah MK Sharma after hearing PP Manju sharma for the state whereas Adv Bhawan Kumar for the accused observed that the instant case undoubtedly the convict is found guilty of committing rape on a minor girl of 15 years. But then, there is no other violence involved in commission of the offence. It is specifically observed by the doctor in the medical report Ext.MP that there is no evidence of any injury on the body parts including genitals. It is not the prosecution case that the convict is a habitual offender. No other criminal case is alleged to be pending against the convict. The conduct of the convict in jail has been satisfactory and taking into consideration the aggravating and mitigating circumstances and following the view taken by the Supreme Court in Bavo's case, the convict Rohit Kumar is sentenced to rigorous imprisonment for fifteen years and fine of Rs. 5000/- for the commission of offence under section 376(2)(i) RPC, rigorous imprisonment for three years and fine of Rs. 2000/- for the commission of offence under section 363 RPC. Both the sentences shall run concurrently. In case of non-payment of fine by the convict Rohit Kumar, he shall undergo further simple imprisonment for two months. The convict shall suffer the sentence in Central Jail Jammu. JNF

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