Court awards 28 years RI to two in Gang Rape case

01/11/2018

JAMMU, Oct 31: Principal Sessions Judge Poonch Zabair Ahmed Raza today awarded 28 years RI and fine Rs 60,000 each to Mohammad Aris S/O Shaker Hussain Caste Mughal R/0 Maidan Tehsil Mendhar, District Poonch and Mohammed Shakeel S/O Abdul Hameed Caste Mughal R/O Balnoi, Tehsil Mankote, District Poonch involved in Gang Rape case.
Principal Sessions Judge Poonch Zabair Ahmed Raza after hearing Public Prosecutor Mukthar Ahmed Sheikh and Anuj Kapoor Advocate for the State whereas Adv Murtaza Ahmed Khan for the accused persons observed that rape is not just a violation of the body of a woman but it causes more severe psychological reactions than the other crimes. It leaves an indelible scar in the mind of the victim. Gang-rape is an aggregatived crime as it involves elements of torture and ridicule. It re-inforce a sense of worthlessness in the victim. Additionally, there is great deal of humiliation in knowing the other accused is also watching the rape at the same place. The foremost psychological effect of rape is emotional trauma and paranoia. The victim may experience loss of the life and the trust she had before the rape. Apart from it, isolation or ostracism from the family and community is also there. No doubt the accused have been brought to justice and this court would also recommend compensation to the victim but most importantly the victim has every right to receive the compassion, support and justice from the society in which she lives.
With these observations Court ordered that ordered that for the commission of offence of gang-rape punishable under Section 376(D) RPC each of the convict namely Mohammad Aris and Mohammed Shakeel shall undergo rigorous imprisonment for 25 years (Twenty five) years and a fine of Rs. 50,000/- (fifty thousands). For the commission of offence under Section 363 RPC each of the convict Mohammad Aris and Mohammed Shakeel shall undergo rigorous imprisonment for term of 3 (three) years and a fine of Rs. 10,000/-. In default of payment of fine each of the convict shall further undergo imprisonment for one year u/s 376(D) RPC and six month u/s 363 RPC. Both the sentences shall run concurrently.
Brief facts of the case are as that on 5.7.2016 at 7.30 PM Mehreood Ahmed S/O Sekhi Mohammed R/O Sakhi Maidan Tehsil Mendhar, District Poonch appeared in Police Station Mendhar alongwith a written application alleging in that accused persons are his neighbourers and on 4.7.2016 he used to brought the "Lassi" from the house accused No1 and on 4.7.2016 Lassi has come from their house. He alongwith his mother used the same Lassi at the time of Iftari (end of the Fast). In the meantime accused persons with the common criminal intention entered the house of the complainant and asked his sister "Z' (name withheld to protect the identity of the victim, whose age is 17 years to take smell from the Sheeshi (Bottle) as to know which type of smell comes from it. In the meantime the complainant and his mother after using the Lassi turned unconscious. The accused persons after holding the arm of complainant's sister took her to their home. The complainant and his mother later on at 10.30 PM gained conscious and found that her sister was not there. Then he narrated whole story to his uncle. So he alongwith uncle went to the house of accused no.l where they found accused No,1 and his sister lying in a Cot in a naked position and as they enter into the room accused was committing rape with his sister who was crying. In the meantime on noticing him and others accused No. 1 run away after jumped cut rom the window and accused made noise upon which 200 persons assembled there. He put clothes on his sister and brought to his house. JNF

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