Excelsior Correspondent
JAMMU, July 16: Special Judge POCSO Court Jammu Y P Sharma today awarded 20 years rigorous imprisonment to Kala Ram for committing rape of minor girl.
After hearing APP Anil Saini for the UT, the court observed, “convict has been found to have committed the offence of penetrative sexual assault punishable with maximum punishment of life imprisonment. Similarly, the offence is against the society and committed against the minor victim of 13 years and student of 6th class”.
“Therefore, message has to go to the society at large and there has to be deterrence not to commit sexual abuse of any kind upon children. But at the same time, it has to be kept in mind that it is a case where accused did not spare even a child of below 13 years and kept her in his illegal confinement for 3 days and committed penetrative sexual assault”, the court said, adding “it is not the case of the accused being of the same age group or 2/3 years older to her or case of romantic relationship in view of age gap and she suffered a lot of trauma and pain at the hands of the accused”.
“Admittedly, the prosecution has not brought on record anything to show that accused has any previous criminal record or previously convicted in any criminal case. Therefore, he continues to be first time offender”, the court said, adding “considering all these factors and mitigating circumstances projected by the accused and he being first time offender, keeping in mind the totality of the circumstances, the case being of minor child of 13 years, the convict Kala Ram is sentenced to undergo rigorous imprisonment for 20 years for the commission of offence under Section 3 read with Section 4(2) of the POCSO Act”.
A fine to the tune of Rs 20,000 has also been imposed on the convict and iIn default of payment of fine, accused shall further undergo rigorous imprisonment of one year. The convict has further been awarded rigorous imprisonment for a period of 3 years for the commission of offence under Section 363 RPC.
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