Excelsior Correspondent
JAMMU, Feb 14: Principal Sessions Judge Srinagar Mohammad Shafi Khan today awarded 10 years Rigorous Imprisonment and fine of Rs 10,000 to Riyaz Ahmad, son of Ghulam Rasool of Maisuma Colony, who had thrown acid on a school going girl.
After hearing Public Prosecutor AA Teli for the State whereas Advocate Mushtaq Ahmad Dar for the accused, Principal Sessions Judge observed, “the Public Prosecutor has submitted that the offence of acid throwing is worst form of torture against the woman and it is much more than a death, therefore the accused does not deserve any leniency”.
“The case relates to an unfortunate lady who became the victim of a horrifying act at the hands of the accused who claims to be her lover”, the court said, adding “the Supreme Court has time and again reiterated that the courts must not only keep in view the rights of the victim of the crime, but also the society at large while considering the imposition of appropriate punishment”.
“Undoubtedly the cardinal principle of sentencing policy is the sentence imposed upon an offender should reflect the crime committed by him and it should be proportionate to the gravity of offence and the sentencing policy is required to be exercised with utmost care and caution directly proportionate to the nature and the magnitude of the offence and it should be fair and impartial”, the court said.
The court further said that there was no reason to disagree with the contention of the Public Prosecutor that undue sympathy to impose inadequate sentence would undermine the public confidence in the efficacy of law.
“The punishment provided for the offence under Section 307 RPC of which the accused has been found guilty and convicted is imprisonment for life or imprisonment for 10 years and fine. Therefore keeping in mind the totally of the circumstances and the mitigating factors which led to the commission of offence, the court is of the opinion that in view of the young age and illiteracy of the accused, ends of justice would meet if the accused is given a lesser punishment because of being a first offender and apart from the incident in question there is no past allegation against the convict”, Principal Sessions Judge said.
Accordingly, court awarded 10 years rigorous imprisonment under Section 307 RPC and a fine of Rs 10, 000 to the accused.
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