Excelsior Correspondent
Srinagar, Feb 14: A local court today sentenced a man for ten years jail for raping a minor girl eight years ago.
The court of Additional Sessions Judge Handwara presided over by Umi Kulsoom awarded sentence of 10 years of rigorous imprisonment along with fine of Rs.50,000 for sexually assaulting a 13-year-old girl.
Court said in default of payment of fine, the accused shall go further six months for simple imprisonment and to pay a compensation of Rs.50,000 to the victim and in default whereof to undergo simple imprisonment for a period of 6 months.
“Period already undergone by the convict during trial shall be set off against the sentence awarded. Necessary warrant be drawn up and the convict be committed to District Jail Kupwara”, court said.
Prosecution submitted that where a rape is committed on a child below sixteen years of age, the normal sentence which can be awarded is not less than 10 years rigorous imprisonment and the court in exceptional circumstances considering the “special and adequate reasons” may sentence the convict for a period less than 10 years rigorous imprisonment.
The victim-prosecutrix was 13 years 4 months and 11 days of age at the time of commission of offence as per the school record. The prosecutrix-victim was a helpless child. The convict, who at the time of occurrence was the age of 18 years 3 months and 4 days, shattered the dignity of prosecutrix.
Court added that when a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame. Child sexual abuse is a serious and heinous offence against the society and humanity.
“To show mercy in child sexual abuse case would be a travesty of justice. The socio- economic status of the convict in child sexual abuse case is not a relevant consideration in awarding punishment. The convict shattered basic human right of victim to live with honour and dignity”, read the award of sentence.
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