Excelsior Correspondent
Srinagar, Sept 5 A local court here today convicted an accused for commission of kidnapping and rape on a minor girl more than four years ago and directed the authorities to lodge the accused in Central Jail Srinagar till quantum of sentence is announced on next date.
The Principal Sessions Judge Ganderbal presided over by Ritesh Kumar Debdy held the accused-Ashiq Hussain Khan of Gulab Bagh, Zakoora Srinagar guilty under sections 363 and 376 (Kidnapping and rape) of a minor girl (name withheld) and kept the matter for quantum of sentence to the said accused on next date. Since the accused is at large on bail, the court as such directed to take him into custody and kept in judicial custody at Central Jail, Srinagar and presented it through virtual mode on next date for announcement of quantum of sentence.
The complainant-Mohammad Hussain Zargar father of the victim lodged a written application on 25.1.19 mentioning therein that his daughter (prosecutrix) aged about 15 years left home for Buserbugh market and finally came to know that the accused Ashiq Hussain Khan had kidnapped her resulting into registration of FIR no. 16/19 for offence under section 363 RPC and investigation was conducted and medical report confirmed the offence under section 376 RPC and charge was framed for these offences under POCSO Act.
Court after having full-fledged trial, examination of witnesses and hearing at length the parties concluded that the prosecutrix was less than 16 years of age and the accused enticed her and took her with him despite the victim had gone with him willingly but the same is inconsequential in this case in view of the fact that the prosecutrix was under the age of consent for any of the offences alleged against accused.
Court recorded that the prosecution through public prosecutor Shafat Ahmad succeeded in proving the facts involved, and also the chain of circumstances in the case in such a manner as has not been shaken by any reasonable doubt. “As such the prosecution has been able to prove the offences against the accused beyond the shadows of all doubts”, Court observed.
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