Excelsior Correspondent
JAMMU, Apr 6: In a case of gang rape with pregnant lady, Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Tashi Rabstan today modified the sentence and awarded 10 years rigorous imprisonment to two accused.
In a criminal appeal, the DB observed, “the court don’t find any illegality or perversity in the judgment and order impugned. The same, in our view, is un-interferable. Therefore the impugned judgment dated 25.05.2015 recording conviction is upheld”.
“However, the order impugned dated 26.05.2015 awarding sentence, in our view, requires modification only to the extent of the period of 14 years as awarded for commission of offence under Section 376 RPC being inconsistent with the imprisonment prescribed”, the DB said, adding “the sentence prescribed is rigorous imprisonment for a term which shall not be less than 10 years but which may be for life and liable to fine. Though the ferocious act committed, that too with a lady in 8th month of pregnancy, is unpardonable but 10 years rigorous imprisonment and fine as imposed shall be proportionate”.
According to the prosecution case, during the intervening night of 22/23-8-2008, while prosecutrix was sleeping alone in her rented accommodation at Belicharana, accused Dawood Khan and Rajiv Kumar entered the room after breaking open the door. The accused gagged the mouth of prosecutrix and then committed rape on her.
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