Excelsior Correspondent
Srinagar, Mar 16: A local court here sentenced two years jail to five persons of Kupwara district for outraging modesty of a woman.
Special Mobile Magistrate Trehgam convicted five persons under various Sections of RPC including Sections 354 and 336 and sentenced them for simple imprisonment of two years with fine of Rs 2000 each convictee.
Court said the prosecution has been able to prove the charges beyond shadow of any doubt and the eyewitnesses who were injured in the incident have stated the whole occurrence in a very natural and spontaneous way. “It has been established that six accused persons armed with sticks and stones trespassed into the compound of the complainant and attacked him and his family members, resulting in injuries to the complainant and the witness”.
“The assault on the complainant by the accused persons has also been established and she was dragged on the ground resulting in outraging of her modesty. The oral evidence leads far-reaching corroboration to the prosecution story that the windowpanes of the complainant’s house were broken by the attack of the accused persons. The place of occurrence has been fully established”.
Court after these facts said there is no substantial contradiction or discrepancies in the evidence of the prosecution and some of the minor contradiction or discrepancies which have been discussed, goes to establish the reliability of the witnesses and that also shows that they are not tutored.
“There appears to be no infirmity in the evidence of the eye witnesses who are injured witnesses also, on the basis of which their ocular testimony could be discarded. I therefore accept the evidence of the prosecution and convict the accused persons namely Sajad Ahmad Rather, Mushtaq Ahmad Rather, Shabir Ahmad Rather, Mohammad Ashraf Rather and Bashir Ahmad Rather sons of Ali Mohammad Rather all residents of Reshigund, Trehgam Under Section 148, 447, 323, 354 & 336 of RPC”, presiding officer of the court said.
Court directed the accused persons to undergo a simple imprisonment of two years for the offence Under Section 148 RPC and a fine of Rs. 2000 each. As regard the offence Under Section 447 RPC, the accused persons have to undergo simple imprisonment for three months and for the offence Under Section 323 RPC the accused persons are sentenced to undergo simple imprisonment of six months.
“The accused persons shall also undergo simple imprisonment of two years for the offence under section 354 RPC and a fine or Rs.1000/- each. As far as the offence Under Section 336 RPC is concerned the accused persons shall undergo simple imprisonment of three months. In default of payment of fine, the accused persons shall undergo simple imprisonment of three months in addition to the actual punishment prescribed. All the sentences imposed hereby, to run concurrently”, reads the judgment.
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