Jammu December-14-2023:- Principal Sessions Judge Jammu Sanjay Parihar today awarded life-imprisonment to Tilak Raj for killing 11 years old child for rituals.
According to the police case that complainant Manohar Lal filed an application in police station, Satwari, Jammu that on 16.12.2013 his nephew Sahil Kumar, aged 7/8 years was playing near the temple in village Khandwal, Tehsil Jammu and was found missing after 6.30 p.m and could not be traced. A missing report was lodged in police post Chatha. That on 17.12.2013 during search, the dead body of Sahil Kumar was discovered in the fields in Khandwal village in the haystack and that the throat of the deceased had been slit and his right eye was also taken out and wounds were present on the stomach. That some person/s had cut the throat of Sahil Kumar with sharp edged object and murdered him. On the receipt of this complaint, FIR No.241/2013 under section 302 RPC was registered in police station, Satwari and investigation commenced. During the course of investigation, accused Tilak Raj was arrested by the police who made a disclosure statement and thereafter got recovered a sickle (Dharati) and clothes of accused which were blood stained. It was found that accused had made a Ziarat in his house where people used to come for prayers and accused was indulging in Tantrik rituals and in this regard accused on 16.12.2013 at 6.45 p.m, enticed the deceased Sahil Kumar and took him to the fields outside the village where the accused had hidden a sickle to commit murder and whereas accused had taken a knife from his house. That accused took the deceased in the area between two haystacks and taking advantage of darkness murdered deceased Sahil Kumar and to conduct his Tantrik rituals, the accused took out the right eye of the deceased with the knife and threw the eye in the river Tawi. On finding accused Tilak Raj guilty of offence under sections 302/201 RPC, the challan in hand was presented against the accused for his trial.
Principal Sessions Judge Jammu Sanjay Parihar after hearing PP Suresh Sharma for the UT whereas Adv Ashok Beotra for the accused, observed that crime is a haunting shadow that lurks in the corners of society, casting a pervasive darkness that not only shatters lives but fractures the very foundation of our collective well-being. In this intricate tapestry of human existence, an act of crime threads a narrative of pain, fear and irreparable loss. Beyond these courtroom walls, the repercussions reverberate, echoing in the hearts of victims and staining the conscience of a community. This Court, thus, is placed at a unique junction of confronting such transgressions and molding its future. The gravity of this moment cannot be understated; it is the juncture where the rule of law is set out to achieve accountability, and the trajectory of an individual`s life intersects with the destiny of a community. As this Court grapples with the aftereffects of crime, there is a delicate balance that the court must achieve. In the realm of sentencing, this court not only shapes the fate of the accused but also the collective destiny of a society that is striving to achieve principles of justice and fairness. 8. While the crime, particularly the tragic death of an 11-year-old child is undeniably horrific, imposing “rigorous life imprisonment without remission and fine of Rs. 02 lacs is envisioned” as a measure to compel the offender to confront and reflect on the brutality of his actions. Opting for this path rather than an expedient death penalty is rooted in the belief that true repentance and transformation can only be achieved through sustained contemplation and the opportunity for rehabilitation. A comprehensive consideration of all factors, including mitigating circumstances, is thus, imperative in addressing the complexities of crime and punishment. In the case of the complexities inherent in crime and punishment, this Court hopes that the accused, through the weight of this sentence, is compelled to confront the transgressions of his acts and embark on a path toward genuine remorse. In default of fine she shall face further imprisonment of one year. Besides out of the awarded fine amount, Rs. 1.50 lacs be paid as compensation to the victim`s family. Sentence is accordingly drawn. JNF