JAMMU, Feb 8: Principal Sessions Judge Reasi SR Gandhi today awarded 10 years rigorous imprisonment to one Sushil Kumar, who was facing trial in kidnapping and rape with minor.
After hearing Public Prosecutor Madan Mohan Sharma and Advocate P D Singh for the accused persons, the court observed, “the repercussions for the rape are greater as compared to the murder. No other physical encounter between human beings carries such a disparate potential for good or evil”.
“While the murderer destroys the victim physically, a rapist degrades and defiles the soul of a helpless female. The story of a murdered man could end with him/her whereas that of the rape victim would be carried forward”, the court said, adding “the family of the murdered person would get the sympathy but contrary is the case with rape victim”.
“The offence of rape in comparison to the murder has more social, psychological and mental repercussions not only for the victim but for her whole family inasmuch as the family of the rape victim is looked down upon with stigma and disgrace”, the court further observed, adding “the repercussions could be more dangerous in a case where the victim has just completed her 14 years as it snatches her playing days as well”.
“Keeping in view all the facts and circumstances of the case, in the considered view, it is not a case where undue leniency can be shown”, the court said, adding “for the commission of offence under Section 376 RPC convict Sushil Kumar shall undergo rigorous imprisonment for 10 years and a fine of Rs 10,000. For the commission of offence under Section 363 RPC he shall undergo rigorous imprisonment for 3 years and a fine of Rs 5,000”.
“In default of payment of fine the convict shall further undergo imprisonment for six months”, the court said, adding “both the sentences shall run concurrently”.
“The convicts Veena Devi and Bittu shall undergo rigorous imprisonment for 3 years and a fine of Rs 5,000 for the commission of the offence under Section 363 read with Section 109 RPC. In default of payment of fine each of the convict shall further undergo imprisonment for six months”, the court said.