Excelsior Correspondent
UDHAMPUR, Apr 24: Additional Sessions Judge M K Sharma today awarded ten years rigorous imprisonment and fine of Rs 5000 to accused Mohd Shafi alias Gudda, son of Bagh Ali of Birnoo Ramnagar, who was the main accused in kidnapping and rape case. Three years rigorous imprisonment each was awarded to Feroz Din, son of Nawab Din and Gushan son of Saraj Din, who helped the main accused for kidnapping the prosecutrix.
According to the police case, on October 6, 2005 the accused with criminal intention entered into the house of the complainant Saraj Din at village Rasain and kidnapped his minor daughter. They wrongfully confined her in the house of accused Mohd Shafi at village Birnoo where accused Mohd Shafi allegedly committed rape upon prosecutrix.
On October 8, 2005 Siraj Din lodged a written complaint against the accused about the kidnapping and wrongful confinement of her daughter and extortion against the accused at police station Ramnagar.
Accordingly, police registered a case and started investigation during which the prosecutrix was recovered and her medical examination was conducted. The allegation of extortion was, however, not proved so the commission of offence under section 380 RPC was dropped. On completion of the investigation, police presented chargesheet.
After hearing Additional Public Prosecutor for the State whereas Advocate Anil Vijay Kumar for the accused, Additional Sessions Judge observed, “the prosecutrix, who is minor, has spoken in unequivocal words that she was confined by the accused in the house of the accused Mohd Shafi who raped her. There is nothing to suggest reasons for false implication”, adding “her statement therefore does not require any corroboration”.
With these observations, the Court awarded 10 years rigorous imprisonment to Mohd Shafi for commission of offence under Section 376 RPC, rigorous imprisonment for three years under Section 363 RPC, rigorous imprisonment for six months for the commission of offence under Section 451 RPC and rigorous imprisonment for six months for the offence under Section 342 RPC.
Feroz Din and Gashan were sentenced to rigorous imprisonment for three years for the commission of offence under Section 363 RPC, rigorous imprisonment for six months for the offence under Section 451 RPC and rigorous imprisonment for six months for the commission of offence under Section 342 RPC.
“All the sentences shall run concurrently”, the court said.
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