Excelsior Correspondent
ANANTNAG, July 31: Additional Sessions Judge Anantnag Khalil Ahmed Choudhary today awarded 10 years rigorous imprisonment to Ishfaq Ahmad Khan, son of Mohd Afzal Khan of Mattan for committing rape with a minor girl.
After hearing both the sides, Additional Sessions Judge observed, “it is not only the duty of the court, but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only the crime, but also the criminal”.
“Furthermore, deterrence and reformation are primarily social goals. It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is protection of the society and legitimate response to its collectively concise”, Additional Sessions Judge said, adding “the paramount principle that should be the guiding laser beam is that the punishment should be proportionate. It is answer of the law to the social concise. In a way, it is an obligation to the society which has reposed confidence and faith in the judicial system of the country to curtail the evil while imposing the sentence”.
“It is court’s accountability to remind itself about its role and reverence for rule of law. It must evince the rationalized judicial discretion and not an individual perception or a moral propensity. But, if in an ultimate eventuate the proper sentence is not awarded the fundamental grammar of sentencing is guillotined”, Additional Sessions Judge said, adding “law cannot tolerate it. Society does not withstand it and sanctity of concise abhors”.
With these observation, Court said, “ends of justice would be meted out, in case, accused is sentenced to rigorous imprisonment for ten years for commission of offence under Section 376(2)(i) of RPC and a fine of Rs 50,000 and in default of payment of fine, convict has to undergo further imprisonment for a period of six months”.
Follow our WhatsApp channel