Court awards 10 years RI in rape case

12/12/2018

Jammu, Dec 11: Presiding Officer Fast Track Court Haq Nawaz Zargar today awarded 10 years rigorous imprisonment and fine Rs 20,000/- to Baij Nath facing trail in rape case.
According to the police case that on 16.01.2014 in the noon at Sector-3 Trikuta Nagar, Jammu when victim ( name withheld), who was minor, had gone to put the wet clothes on the roof top, accused followed the victim to the roof top. The victim raised cries, but the accused gagged her mouth with his hand and committed rape with her and also threatened her of dire consequences if she will disclose this thing to any one. On the basis of this report, FIR No. 17/2014 for commission of offence under section 376 RPC came to be registered against the accused and investigation commenced.
Presiding Officer Fast Track Court Haq Nawaz Zargar after hearing Additional Public Prosecutor Sulekha Bhat for the State whereas Adv Anil Kumar Verma for the accused observed that the evidence collected and produced, the prosecution is said to prove its case beyond any shadow of doubt against the accused. Accused namely Baij Nath S/o Hari Har is as such held guilty for commission of offence punishable under section 376 and 506 RPC andf awarded ten years rigorous imprisonment and fine Rs 20,000/-.
Court observed that before parting, it is pertinent to held that the victim has to face and undergo a lot of agony and also face humiliation. In terms of The Jammu & Kashmir "Victim Compensation Scheme", under section (1) of Section 545 of Cr.P.C. 2013 has been made applicable to the State of J&K vide Notification dated 23.04.2013 under SRO 229 and as per Schedule-1 to the Notification, SRO-394 dated 09.09.2013, different amounts have been mentioned for financial help. The Hon'ble Supreme Court has recognized the need for awarding compensation to such victims. So keeping in view the poor status of the family of victim which must have under gone mental trauma due to barbaric act of rape upon her by the convict, as such, compensations needs to be given to her. Though the compensation given to her would not bring her out of the trauma which she suffered at the time of commission of offence and thereafter, but it may provide her a little solace. The victim compensation scheme had been implemented in May, 2013 onwards and the instant case has been registered in 2013 and the instant legislation is a beneficial for the poor victims, who suffered loss or injury as a result of the crime and who required rehabilitation. I think the State should provide monetary assistance to the victim out of its own funds on its failure to protect the dignity of its citizens being their custodian. Therefore, in my view, a 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. JNF

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