Jammu February-28-2024-:- Principal Sessions Judge Udhampur Haq Nawaz Zargar awarded 14 years rigorous imprisonment and fine Rs 15000/- to Subash S/o Sukhdev R/o Khogad Marh Ramnagar Tehsil Ramnagar District Udhampur facing trial in rape with minor.
Accused above named has been facing trial for the commission of offences under sections 363 read with section 376 RPC. Gravamen of charge against the accused is that complainant Bodh Raj has kept his son Hans Raj age 12 years and daughter (name withheld and herein after called as Victim), age 8 years in his in-laws house at Kulwanta for upbringing and they are studying there. On
19.09.2017, his mother-in-law Mst Saro Devi W/o Swaran Singh R/o Kulwanta informed him telephonically that some unknown person has done wrong with her minor daughter. On this, he came to his in-laws house at Kulwanta from Village Barialta and inquired from daughter/victim, who told him that at 4 pm, she had gone to shop from the house and after buying a Biscuit packet was coming to her maternal grand-mother’s house, one person met her on the way, whom she does not know and told her that he is her maternal uncle (mamu) and gave her eatable article. Thereafter, he took her in the bushes and gagged her mouth with his hand and committed wrong with her after opening her trouser. Grandmother of his daughter Mst Saro Devi has taken her to Ramnagar hospital for treatment. On this, FIR for offence under section 376 RPC was got registered and investigation was handed over to SI Shamsher Singh.
Principal Sessions Judge Udhampur Haq Nawaz Zargar after hearing PP Koushal Parihar for the UT, observed that any undue leniency to the convict may prove to be counterproductive. So, having considered the aggravating and mitigating circumstances, I am of the considered view that that for the commission of offence under Section 363 of the RPC, the convict, Subash S/o Sukhdev R/o Khogad Marh Ramnagar Tehsil Ramnagar District Udhampur shall undergo rigorous imprisonment for 05 years (Five years) and a fine of Rs. 10,000/- (Rupees ten thousand). For the commission of offence under Section 376 of the RPC, the convict named above shall further undergo rigorous imprisonment for 14 years (Fourteen years) and a fine of Rs. 15,000/- (Rupees fifteen thousand). Both the sentences shall run concurrently. In default of payment of fine, the convict shall further undergo imprisonment for 6 months. The amount of fine recovered from the convict shall be paid to the victim. JNF