Excelsior Correspondent
Srinagar, July 11: High Court has today upheld the sentence awarded to two accused by the trial court for gang rape of a young lady 34 years back and directed them to surrender before the trial court for undergoing the sentence.
The accused persons Mohi-uddin Dar and Ghulam Rasool Dar were sentenced by the sessions court Kupwara of rigorous imprisonment of ten years with fine.
Justice Sanjay Dhar however modified the sentence passed by the trial court to the extent of five years with fine to each accused.
“In proof of offence under Section 366 RPC, the sentence awarded by the trial court is maintained. The period during which the appellants have remained in custody during the investigation/trial of the case as also during the pendency of this appeal, shall be set off against the sentence of imprisonment imposed upon them”, read the judgment.
The appellants-accused have been directed to surrender before the trial court within fifteen days from today and in case of failure on their part the trial court has been directed to proceed in the matter in accordance with the provisions of law for execution of the sentence upon them.
The factual matrix of the case is a report relating to the occurrence of crime was lodged by the prosecutrix on 28th February, 1989 and FIR No.26 of 1989 for offences under Section 366/376 RPC was registered with Police Station, Handwara. After investigation of the case, offences under Section 366/376 RPC were found established against the accused and the charge sheet was laid before the competent court.
The court while upholding the sentence passed by the trial court said the prosecution has been successful in proving that the prosecutrix was waylaid by the appellants-accused and was subjected to repeated forcible sexual assaults by them as such the charge for offence under Section 366 RPC as also charge for the offence under Section 376 (2) (g) RPC stands established against them, for which they have been rightly convicted by the trial court.
Court recorded that there is no ground to interfere in the impugned judgment passed by the trial court so far as it relates to conviction of the appellants for the aforesaid offences.
The court in view of age of accused persons has taken a lenient view of the matter and also to taken into account the long lapse of time, said, the appellants must have suffered disrepute and mental agony and having regard to the fact that if the appellants are sent to imprisonment for ten years at this advanced age, when they have already become senior citizens, it may not serve the ends of justice.
“In these circumstances, this Court finds that there are adequate and special reasons attendant to the instant case which persuade this Court to award punishment less than the minimum punishment provided for the offence under Section 376(2)(g) of the RPC to the appellants”, Justice Dhar said.
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