Court awards 10 years RI, fine of Rs 50000/- in minor's rape case


Anantnag, JULY 31: Additional Sessions Judge Anatnag Khalil Ahmed Choudhary today awarded 10 years rigorous imprisonment and fine Rs 50,000 to Ishfaq Ahmad Khan S/O Mohd Afzal Khan R/O Kehribal Tehsil Mattan District Anantnag.
According to the prosecution case that prosecution against the accused is that on 7th of January 2017 complainant namely Azad Ali Khan S/O Gull Ali Khan R/O Gulistan Mohallah, Kehribal, lodged a written report with the police Station Mattan inter alia with the allegations that during intervening night of 6/7th of January 2017, accused came to his home and after making dinner slept there in his house. During night hours accused forcibly rapped his daughter whose age is nine years.
Additional Sessions Judge Anatnagar Khalil Ahmed Choudhary after hearing both the sides observed that it is not only the duty of the court, but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only the crime, but also the criminal. Furthermore, deterrence and reformation are primarily social goals. It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is protection of the society and legitimate response to its collectively concise. The paramount principle that should be the guiding laser beam is that the punishment should be proportionate. It is answer of the law to the social concise. In a way, it is an obligation to the society which has reposed confidence and faith in the judicial system of the country to curtail the evil while imposing the sentence. It is court's accountability to remind itself about its role and reverence for rule of law. It must evince the rationalized judicial discretion and not an individual perception or a moral propensity. But, if in an ultimate eventuate the proper sentence is not awarded, the fundamental grammar of sentencing is guillotined. Law cannot tolerate it. Society does not withstand it and sanctity of concise abhors. The old saying, "Law hunts one's past, cannot
be allowed to be buried in an indecent manner and rainbow of mercy, for no fathomable reason should be allowed to rule". With these observation, Court is of the opinion that ends of justice would be meted out, in case, accused is sentenced to rigorous imprisonment for ten years for commission of offence under section 376(2)(i) of RPC and a fine of Rs 50,000/- (Rupees fifty thousand) and in default of payment of fine, convict has to undergo further imprisonment for a period of six months. JNF

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