Fast Track Court awards 17 years imprisonment and fine Rs 70000 to Sub-Judge in rape case
JKUT (Jammu), October-23-2021-( JNF):- Presiding Officer Fast Track Court Khalil Choudhary today awarded 17 years imprisonment to Rajesh Kumar Abrol in rape case.
While awarding imprisonment, Presiding Officer Khalil Choudhary after hearing APP Suresh Sharma for the UT observed that it is not only the duty of the court, but social and legal obligation are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only in the crime, but also the criminal. Furthermore, deterrence and reformation arc primarily social goals. It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is protection of the society and legitimate response to its collectively concise. The paramount principle that should be the guiding laser beam is that the punishment should be proportionate.
It is answer of the law to the social concise. In a way, it is an obligation to the society which has reposed confidence arid faith in the judicial system of the country to curtail the evil while imposing the sentence. It is court’s accountability to remind itself about its role and reverence for rule of law. It must evince the rationalized judicial discretion and not an individual perception or a moral propensity. But, if in an ultimate eventuate the proper sentence is not awarded, the fundamental grammar of sentencing is guillotined. Law cannot tolerate it. Society does not withstand it and sanctity of concise abhors. The old saying “Law hunts one’s past, cannot be allowed to be buried in an indecent manner and rainbow of mercy, for no fathomable reason should be allowed to rule”.
With these observations, Court is of ends of justice would be meted out, in case, accused is sentenced to simple imprisonment for seven years for commission of the offence under section 420 RPC and a fine of Rs. 20,000/- (Rupees Twenty thousand) only and rigorous imprisonment for ten years for the commission of the offence under section 376 (2) K RPC and fine of Rs. 50,000/- (Rupees Fifty thousand) only and in default of the payment of fines, convict has to undergo further imprisonment for a period of three months in each offence. Accordingly, convict is sentenced. The period of detention of the convict during investigation and trial of this case shall be set off against the sentence awarded to the convict. Both the sentences shall run concurrently. The copy of this order be provided to the convict free of cost at once. Office shall draw warrant of imprisonment, strictly in compliance with this order of sentence and send the same to the Superintendent Central Jail Kot Bhalwal Jammu for compliance. JNF