Excelsior Correspondent
JAMMU, July 13: Presiding Officer Fast Track Court POCSO Cases Srinagar Aarti Mohan has awarded 20 years rigorous imprisonment to Imtiyaz Hussain Malla, son of late Ali Mohammad Malla of Hamdania Colony, Bemina Srinagar, who has been held guilty of offence punishable under Section 3/4 of POCSO Act and Section 376 IPC.
On 29-09-2021, the victim filed a report in Women Police Station to the effect that she is a minor girl of 15 years of age. The accused enticed her on the promise of marriage and on 28-09-2021 took her to his shop at Qamarwari where he raped her.
On the basis of report, FIR No. 24/2021 was registered under Section 376 IPC and Section 3/4 of POCSO Act and investigation was set into motion. During investigation, the allegations against the accused were established and challan was produced against the accused under Section 376 IPC and Section 3/4 of POCSO Act. The accused was charged on 28-03-2022 for the commission of offences under Section 376 IPC and Section 3/4 of POCSO Act.
After hearing both the sides, the Presiding Officer Fast Track Court observed, “the court cannot overlook the fact that the victim was 15 years and 3 months of age at the time of commission of alleged offence and was manipulated by the convict to accompany him to his shop where he committed sexual assault upon her. The court also cannot overlook the fact that the POCSO Act was enacted since a strong need was felt to take stringent measures to deter the rising cases of child sexual abuse in the country”.
“Therefore, keeping in view the aggravating and mitigating circumstances, court feel that the mitigating circumstances outweigh the aggravating circumstances in the case and the award of minimum punishment shall serve the ends of justice in the case”, the Presiding Officer said, adding “since the convict is held guilty of committing penetrative sexual assault upon a child below the age of 16 years punishable under Section 4 of POCSO Act and Section 376 IPC, therefore, he is sentenced to rigorous imprisonment of 20 years and a fine of Rs 10000 is imposed on him which shall be payable as compensation to the victim. In case of failure to pay the fine, the convict shall undergo further imprisonment for 6 months”.
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