Court awards five years RI in case

04/01/2023

Jammu, Jan 3: Principal Sessions Judge Bhaderwah Sunit Gupta awarded five years rigorous imprisonment to Yasir Hussain Lone in criminal force to woman with intent to outrage her modesty case.
The facts of the case which has culminated into the instant charge sheet are that on 26.06.2021 the complainant in the case (name withheld) W/o Akhter Hussain Sheikh R/o Thathri, has appeared before SHO Police Station, Women Cell, Doda, alongwith her husband and submitted a written report against one Yasir Hussain S/o Lal Din Lone R/o Sherote, Tehsil Kishtwar, alleging inter alia that she was married to her husband Akhter Hussain about four months back. Her husband is a driver by profession, on 21.06.2021 her husband was driving LP Truck bearing No. JK017-0575 from Jammu and he had also taken her in the said journey. Her husband had loaded cement bags from Jammu and yesterday i.e. on 25.06.2021 they had left Jammu at about 4.00 PM in the afternoon and when they reached at Chakwa Nallah, Batote and stationed there for taking meals, they met with one Yasir Hussain who also happened to be a Tipper driver and he was also taking the meals in the same shop where they were taking meals. The husband of the complainant used to having training of driving with the said Yasir Hussain and because of the said closeness the accused Yasir Hussain had told her husband that he would drive the vehicle of her husband for onward journey to which her husband agreed. Thereafter, the accused had started driving truck of her husband and she also remained lying on the backseat of the said vehicle which was being driven by the accused. Since it was night, as such, the complainant fell asleep. The husband of the complainant was driving the vehicle of the accused and he was ahead of their vehicle. When she was sleeping on the backseat of the LP Truck, the accused Yasir Hussain had tried to take undue benefit of her sleep and he had opened the string of her Shalwar and sit upon her and he had also tried to commit rape upon her. She had raised alarm, upon which, the accused threatened that if she would raise alarm, otherwise he would kill her and throw her in the Nallah, upon which, the complainant remained silent. Thereafter, the husband of the complainant who was waiting for the accused and the vehicle, but when the accused did not stop the vehicle near him, he had started running on foot towards their vehicle and thereafter he had succeeded in boarding the said truck. When her husband found her in weeping condition, he asked her that what happened, upon which she narrated the whole story to him, by that time the accused had already alighted from the vehicle of her husband and proceeded towards his own vehicle.
Principal Sessions Judge Bhaderwah Sunit Gupta after hearing both the sides observed that the convict is a married person having two small kids who are solely dependent upon the convict. It is understandable that the convict has to pay for his misdeeds but at the same time for the misdeeds of the convict, his wife and small kids have also heavily to pay in the society. Besides this, there must not be any other source of livelihood for the wife and kids of the convict except the income to be earned by the convict himself. Only because of shameful act of the convict, the wife and the small kids of the convict should not be derived towards the starvation which would also not meets the end of justice. Therefore, while taking into consideration the trauma of the prosecutrix and the sufferings to be made by the small kids of the convict, a balance is required to be striked between all the mitigating circumstances. Hence keeping in view the larger interest of the society, the following punishments are imposed on the convict to meet the ends of justice Under Section 354 IPC the convict/accused is sentenced to rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/- and in default of payment of fine the convict shall undergo further rigorous imprisonment for three months. Under Section 8 of POCSO Act, 2012, the convict/ accused is sentenced to rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- and in default of payment of fine, the accused/convict shall undergo further rigorous imprisonment for a period of three months.All the sentences imposed upon the convict/accused shall run concurrently. The amount of fine, if paid, by the convict shall be delivered to the prosecutrix. JNF

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