Man awarded 2½ yrs imprisonment for kidnapping minor girl

By
Daily Excelsior
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Excelsior Correspondent
Srinagar,  Apr 27: A local Court in Budgam today convicted a person for two and half years imprisonment and imposed a fine of Rupees 1000 on him for kidnapping a minor girl.
Judicial Magistrate Budgam, Sheikh Gowhar Hussain sentenced Altaf Hussain Bhat S/o Ghulam Mohammad Bhat R/o Budgam for two and half years imprisonment and imposed a fine of Rupees 1000 on him in a case State through P/S Budgam FIR No. 127/2008, offences under Section 363 RPC.
The court said: “Keeping in view the aforesaid discussion and the facts and circumstances of case, I am of the considered view that prosecution has proved the case beyond reasonable doubt. Accordingly accused is held guilty under section 361 RPC punishable under Section 363 RPC and accordingly, accused is sentenced to imprisonment for 2 ½ years and fine of Rs 1000.. The accused shall be detained in the Central Jail Srinagar for the aforesaid period.  The period if any, already spent in the jail shall be counted in the present sentence. In case the accused fails to pay the aforementioned fine, he shall further be detained for a period of one month.”
The court further held that it is established position that when a girl is abducted she gets social stigma on her character and the prospects of her getting married come to zero. “The parents of victim and victim, have no option but to accept the proposal of accused for marriage and usually the person who has abducted the abductee gets married to her. Same might be the case with the present case and at present there is divorce between the two which is evident of the fact that the relationship between the parties was not going on smoothly. The evidence led by the accused in defence also stated that there was nobody from the side of the abductee in the Nikah Ceremony. So marriage of the accused with the abductee does not absolve him from the liability U/S 363 RPC. If it is allowed that would amount to allowing the accused to reap the fruits of his crime”, the court order reads.

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