Excelsior Correspondent
JAMMU, May 18: Principal Sessions Judge Reasi R N Wattal, has awarded 10 years imprisonment and fine of Rs 10,000 to one Kashmir Singh, who was facing trial in a case of rape with minor.
According to police, on February 15, 2018, complainant Prem Singh, son of Amar Singh, resident of Goswan tehsil and district Reasi lodged a complaint with Police alleging therein that during a marriage function in his house on February 14, 2018, the complainant’s minor daughter, aged 8 years was present in house while other family members were busy in function. Taking benefit of circumstances, accused Kashmir Singh, son of Ram Singh, resident of Goswan Tehsil and District Reasi, called complainant’s daughter and took her to a cowshed adjoining complainant’s house, where he raped her and threatened her with dire consequences if she narrated the incident to anyone but when she got scared and was not feeling well, next day at 8:00 AM, she narrated incident to her parents.
Wattal after hearing both the sides observed that crime here is a rape. It is particularly heinous crime, a crime against society, a crime against human dignity.
“The penal statute has prescribed a maximum and minimum punishment for offence of rape to view such offence once proved lightly is itself and afferent to society. Though there is discretion to court to award a less sentence than minimum, adequate and special reasons decide the discretion. The discretionary power cannot be used in discriminately or routinely. Same has to be used sparingly in cases where special facts and circumstances justify a reduction. The justifiable reason given by the accused herein for reduction in sentence or pardon to him is that he is a poor and is having huge family comprised his wife, siblings and other family members. He is only the bread earner of his family. Cognizance of these facts has to be taken note of before awarding the sentence to accused,” he said.
Accordingly, accused is convicted for commission of the offences under sections 376, 506 of RPC and sentenced to undergo imprisonment of 10 years and fine of Rs 10,000 for commission of offence under Section 376 of RPC and six months imprisonment and fine of Rs 500 for commission of offence under Section 506 of RPC. Both sentences shall run concurrently,” the court directed.
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