Court uphold 3 years imprisonment in unnatural offence

15/06/2022

SRINAGAR, Jun 14: Principal Sessions Judge Pulwama Abdul Rashid Malik uphold three years rigorous imprisonment and fine of Rs. 5000/- to Javaid Ahmad Dar S/O Ghulam Nabi Dar R/o. Aghanjipora Awantipora in unnatural offence. According to police case that on 13.12.2010 the complainant lodged a written report at police station Awantipora to the effect that on 10.12.2010 his son namely Faizan Ahmad Dar was taken by the accused namely Javid Ahmad Dar who resides in the same village to some unknown place on a cycle. Faizan Ahmad Dar was subjected to sodomy by the accused and thereafter was left by the accused at some unknown place outside the village. Faizan Ahmad Dar did not disclose the incident to his family however after some days when be experienced pain while passing stool, his mother took him to the Doctor where the victim revealed the whole incident to which he was subjected by the accused. On receipt of this information FIR No.203 of 2010 U/S 377 RPC was lodged and investigation was set into motion. During investigation seizure memo, injury Memo and site plan were prepared. Statements of witnesses U/S 161 Cr.P.C were recorded. The investigation finally culminated in the charge sheet U/S 377 RPC.
Principal Sessions Judge Pulwama Abdul Rashid Malik after hearing both the sides observed that the statement of the Doctor leaves no doubt in the mind of this Court that the accused has indulged in Carnal intercourse with the child causing pain and injuries to his rectum.Therefore, in view of the aforesaid discussion, the trial Judge has not committed any error while convicting the accused. The grounds raised in the memo of appeal are not substantiated on record as the grounds are repetition of the contentions raised by the accused before the trial Court, which have been properly appreciated by the trial Magistrate and rejected with the support of cogent reasoning. Therefore, the appeal is rejected. And the sentence and conviction of the trial Court is maintained.
While upholding the sentence, Court further observed that Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just balance in needs of society and fairness to the accused, but also to keep in mind the need to give justice to the victim of crime. In spite of legislative changes and decisions of this Court, this aspect at times escapes attention. Rehabilitating victim is as important as punishing the accused. Victims plight cannot be ignored even when a crime goes unpunished for want of adequate evidence." Therefore, the Member Secretary J&K Legal Services Authority shall release an amount of Rs. 1 lakh in favour of the victim (child), who has been arrayed as PW No. 6 in the Challan, as compensation in terms of Jammu and Kashmir victim compensation Scheme 2013. Copy of this judgment along with copy of charge sheet shall be forwarded to the Member Secretary to enable him to release the compensation to the child. The Secretary District Legal Services Authority Pulwama shall forward the judgment along with copy of charge sheet to the Member Secretary under his covering letter forthwith for appropriate action in terms of the judgment.

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