Excelsior Correspondent
JAMMU, Apr 25: Additional Sessions Judge Udhampur Dinesh Gupta today awarded 14 years Rigorous Imprisonment to Sanjay Kumar alias Sanju (uncle of victim) who was facing trial for committing rape with 8 years old girl.
After hearing APP Himanshu Parkash for the Police whereas Advocate Ghulshan Singh Shan for the accused, the court observed, “shockingly large number of criminals going unpunished is increasingly encouraging them and in the ultimate, making justice suffer by weakening its credibility. Therefore, imposition of appropriate punishment is the manner in which the court responds to the society’s cry for justice against the criminal”.
“Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment”, Additional Sessions Judge said.
“While applying the settle guidelines to the case in hands and the mitigating circumstances that convict is 1st time offender and he got married some six months prior to commission of offence and at the time of commission of offence his age was 30 years, in addition to this accused had old age parents as such, he has family to support”, the court said, adding “on the other hand aggravating factors against the accused, are that, accused was living in the neighborhood of the victim and victim during examination in chief stated that accused is her uncle”.
Accused while taking the benefit of the tender age of the prosecutrix, wrongfully took her inside kacha room of his house and restrained her in that room and committed the offence of rape and at the time of occurrence age of the prosecutrix was just 8 years, the court said, adding “the mitigating circumstances as projected by the convict are common in nature”.
Accordingly, court awarded 14 years Rigorous Imprisonment to Sanjay Kumar, son of Amar Nath of Jib, Udhampur and imposed a fine of Rs one lakh, which if realized, shall be paid to the victim as compensation. In default of payment of fine the convict shall further undergo imprisonment for six months.
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