Excelsior Correspondent
JAMMU, Apr 29: Principal Sessions Judge Kathua Sanjay Dhar today awarded seven years rigorous imprisonment and fine of Rs 20,000 to Charan Dass, a resident of Billawar, who is facing trial in rape case.
After hearing both the sides, the court observed, “for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating facts and circumstances in which offence has been committed are to be delicately balanced in a dispassionate manner”.
“Such act of balancing is indeed a difficult task. No formula of fool proof nature is possible that would provide a reasonable criterion for determining a just and proper punishment in the infinite variety of circumstances that may affect the gravity of the crime”, the court said.
“In the absence of any fool proof formula which may provide any basis for reasonable criteria to correctly assess various circumstances germane to the consideration of gravity of crime, the discretionary judgment in the facts of each case is the only way in which such judgment may be equitably deficient”, the court said, adding “in the instant case, the accused is proved to have committed rape upon the prosecutrix, who as per evidence on record, was class fellow of his daughter”.
“Rape by the nature of offence, is an obnoxious act of the highest order. The physical scar of a woman may heal up but her mental scar will remain forever. When a woman is ravished, what is inflicted, is not merely physical injury, but the deep sense of some deathless shame. Therefore, while awarding sentence in a rape case, protection of society and stamping out proclivity must be the object of law, which must be achieved by imposing appropriate sentence”, the court said.
With these observations, court awarded seven years RI and fine Rs 20,000 to the accused.
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