Excelsior Correspondent
SRINAGAR, Mar 30: The Presiding Officer of Court of Fast Track (Additional Sessions Judge, Pulwama), Virinder Singh Bhou has convicted a labourer for kidnapping and outraging the modesty of a minor girl.
According to the prosecution story, on July 14, 2009 a written complaint was lodged with Police Post Kakapora mentioning that a 5-6 years old girl was kidnapped and sexually assaulted by one Altaf Khan, son of Ghulam Nabi Khan of Kotibugh.
Accordingly, a case was registered and after completion of investigation challan was presented in the court of law.
After hearing counsel for the accused and Public Prosecutor for the State, Presiding Officer of Court of Fast Track (Additional Sessions Judge, Pulwama), Virinder Singh Bhou convicted the accused under Sections 366 and 354 RPC.
On quantum of sentence, the court observed, “the attending circumstances of the case does not warrant full sentence though a child victim of 5/6 years has been kidnapped and convict outraged her modesty but the attending circumstances does not warrant full sentence of the alleged offences”.
“The convict has three children who are minors and a wife besides him. Moreover, convict is young man and he is labourer by profession and the whole family is dependent upon him. The criminal jurisprudence provides that sentence should be commensurate to the gravity of offence committed, but at the same time social status of the convict and dependency on him of the family has to be considered”, the court further observed.
Accordingly, the court awarded simple imprisonment for five years and fine of Rs 2000 to the convict for the commission of offence under Section 366 RPC. In case of default in payment of fine, the convict shall undergo further simple imprisonment of one month. The convict was also convicted for the commission of offence under Section 354 RPC and sentenced to undergo simple imprisonment for a period of one year and pay a fine of Rs 1000. In default, the convict shall undergo further simple imprisonment for 15 days. Both the sentences shall run concurrently, the court said.
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