Court awards 20 years in rape case

28/12/2021

JAMMU, Dec 27: Presiding Officer Fast Track Court Surinder Singh awarded 20 years imprisonment to two accused namely Mohd Ishaq and Abdul Rashid who were facing trial
in rape and kidnapping
of minor.
The prosecution is that on 9 September 2011 complainant Mohd Yousuf Sheikh S/O Ab. Gani Sheikh R/o Duksar (Dalwah) The. & Distt. Ramabn, lodged a complaint before JMIC (Munsiff) Gool, against the accused and 6 others, averring therein that accused number one was a very profession by hatching a conspiracy with the other accused persons kidnapped the minor daughter (name withheld) of complainant from his house on the intervening night of 25th and 26th of August 2011. It was further alleged that after kidnapping the daughter of the complainant was kept by the accused number 2 in his house at Barakund. Besides, the accused also thieved away 50 Tolas Silver, 02 Golden Nose Ring and cash worth Rs. 70000/- after breaking open the Almirah from the room of the complainant's daughter. On this police register an FIR and after completion of investigation presented challan u/s 363/376/344/34 RPC.
Court after hearing both the sides observed that it has been clearly proved and established that on the intervening night of 25th and 26th August 2011 accused having common intention to commit the offence forcibly kidnapped the minor daughter (prosecutrix) of complainant from his house and kept under illegal confinement until she was recovered by the police. Also during her illegal confinement she was sexually assaulted by the accused.
Her recovery from the possession of accused was manifestly established. In this way the prosecution on the basis of evidence brought on record which was trustworthy, satisfactory and adequate has successfully brought home accused the accusations levied against them thereby connecting them with the occurrence. Accused found to have committed the offences under section 363/376/344/34/RPC and they are accordingly convicted for the same.
Court after hearing both the sides observed that Both the convicts namely; Mohd Ishaq S/O Abdul Rashid and Abdul Rashid S/O Abdul Ahad residents of Ashmar Tehsil and District Ramban, are sentenced to undergo rigorous imprisonment for a period of 20 years and sentenced to fine of Rs. 50,000/- (Fifty Thousand only) for offence u/s 376 RPC and 05 years and fine to the tune of Rs. 10000/- (Ten thousand only) for the offence u/s 363 RPC.
They are further
sentenced to 02 years imprisonment and fine of Rs. 5000/- (Five Thou-sand only) u/s 344 RPC, In default of payment of fine, they shall further undergo simple imprisonment for six months.
The fine, if deposited by the convicts, shall be paid to the prosecutrix. It, however, is clarified that all the sentences shall run concurrently.

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