Excelsior Correspondent
Srinagar, Dec 11: A local court today sentenced accused father for five years imprisonment for sexual assault on his minor daughter.
The Fast Track of POCSO cases Srinagar held Farooq Ahmad Beigh of Lasjan Srinagar guilty of offences punishable Under Section 9/10 and 11/12 of POCSO Act and sentenced to five year imprisonment with fine of Rs 2000.
“Keeping in view the above facts while taking into account the mitigating the circumstances, the accused is awarded simple imprisonment of 5 years along with fine of Rs. 20000 Under Section 9/10 of POCSO Act and simple imprisonment of one year and a fine of Rs. 5000 under section 11/12 of POCSO Act”, court directed
Court said if the accused fails to pay the fine then he shall undergo further imprisonment of six months. “Both the sentences shall run concurrently. The amount of fine if realized shall be released in favour of the victim as compensation”, reads the quantum of sentence.
Presiding Officer said the court undoubtedly while awarding punishment is influenced by a number of factors and no straight jacket formula is provided for determination of quantum of punishment under law and the quantum of sentence depends upon various factors, primarily being, background facts of the case, antecedents of the accused, delay in conclusion of the case, age of the accused, his physical health condition, the nature of the offence and last but not the least the reformative deterrent and punitive aspects of punishment.
Court said the offence which has been committed against the victim has resulted in mental and psychological trauma to her, she being a small child of merely 15 years of age at the time of commission of offence at the hand of her own father as such, a compensation of Rs. 3 lakh be awarded to her which shall be payable by State Legal Services Authority. “Convict shall serve the period of sentence which has been imposed upon him at Central Jail Srinagar”.
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