Excelsior Correspondent
POONCH, Dec 2: Sub Judge, Special Mobile Magistrate, Poonch, Ahsan Malik, has awarded three years rigorous imprisonment and fine of Rs 5000 to the accused Mohd Bashir S/o Mohd Shafi R/o Kalai Tehsil Haveli District Poonch. In case of default in payment of fine the accused person shall further undergo rigorous imprisonment for six months.
As per prosecution story on the intervening night of May 23 and 24, 2009, at 12.o’clock night, the accused Mohd Bashir S/o Mohd Shafi R/o Kalai Poonch, teacher, awake the ten years old victim student reading in “Dar-ul-Hadees Madarsa” Poonch, who was sleeping with other students in the Mosque’s hall and brought to his room and committed carnal intercourse against the order of nature with him. The victim student is the resident of Tehsil Mendhar, where his parents are residing. After committing the offence the accused threatened the victim student to kill and throw him to Poonch river and sent the student victim for sleeping with other children/students.
The FIR was registered on 29th of May, 2009 when the father of the victim student came to Poonch from his home.
The Management of the “Madarsa Dhar-ul-Hadees” failed to lodge report before the police promptly with respect to the said occurrence and even Molvies of the said Madarsa entangled the father of the victim for not lodging report. Even the Management of the said Madarsa failed to get the victim student medically examined and even did not provide first aid to the victim student when the District Hospital Poonch is at a stone throwing distance from the place of occurrence. Further more the management of the said Madarsa did not preserve the blood socked/spermatozoa stained clothes etc of the student victim.
The court reached to the conclusion that the offence stand committed by the accused. Thus, the accused namely Mohd Bashir S/o Mohd Shafi R/o Kalai Tehsil Haveli District Poonch is held guilty of offence punishable U/S 377 of RPC and is accordingly convicted.
In this case the State was represented by Shaheen Khan, Chief Prosecuting Officer Poonch, and Mohd Sarfraz , Prosecuting Officer Poonch and the accused wass represented by Ch Lal Hussain Mushtaq, Advocate.
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