JAMMU, Sept 6: Division Bench of High Court comprising Justice Rajnesh Oswal and Justice Mohan Lal has modified the imprisonment from 20 years to 7 years of convict in rape case.
“We are of the considered view that the prosecution has been able to prove charges punishable under Sections 376/506 RPC against appellant/convict beyond any reasonable doubt, and therefore, his conviction for the said charges deserves to be upheld”, the DB said.
The trial court vide it’s judgment of conviction and order dated 12-01-2021 rendered in case File No. 02/Challan has sentenced appellant/convict to undergo rigorous imprisonment (RI) for a period of 20 years and to pay fine of Rs. 50000 for commission of offence u/s 376 RPC and 2 years imprisonment for commission of offence u/s 506 RPC in default whereof the appellant/convict shall further undergo simple imprisonment for 6 months with further direction that the fine deposited by the appellant/convict shall be paid to the prosecutrix.
“We have been informed that during the pendency of the trial/appeal the prosecutrix has also solemnized marriage. Prosecutrix also belongs to a poor family of rural area and her cry for justice cannot be ignored, as by the crime committed by appellant/convict, the prosecutrix has suffered physical agony and mental trauma which is incalculable”, the DB said.
“Offence of rape is grave in nature and is the most hated crime in the society. Taking into consideration the mitigating circumstances projected by the appellant/convict, we take a lenient view and uphold the conviction, but only modify the sentence of 20 years rigorous imprisonment imposed upon appellant/convict to minimum sentence of 7 years (RI) for commission of offence of rape u/s 376 RPC without altering the fine component of Rs 50000”, the DB said.
“However, the sentence imposed by the trial court for commission of offence u/s 506 RPC for 2 years simple imprisonment and fine component shall remain unaltered”, the DB further said.