Excelsior Correspondent
JAMMU, Oct 23: Presiding Officer Fast Track Court Khalil Choudhary today awarded 17 years imprisonment to suspended Sub-Judge Rajesh Kumar Abrol in rape case.
After hearing APP Suresh Sharma for the UT, the Presiding Officer observed, “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 are 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 Presiding Officer said, adding “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”
The Presiding Officer further said, “in a way, it is an obligation to the society which has reposed confidence and 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, the accused was awarded simple imprisonment for seven years for commission of the offence under Section 420 RPC and a fine of Rs. 20,000 and rigorous imprisonment for 10 years for the commission of the offence under Section 376 (2) K RPC and fine of Rs 50,000. In default of the payment of fines, convict will undergo further imprisonment for a period of three months in each offence.
“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 court said.
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