Excelsior Correspondent
JAMMU, Oct 17: In an appeal against the conviction in a rape case, High Court has modified the sentence awarded by the trial court and awarded 10 years rigorous imprisonment to the convict Manzoor Ahmad Teli.
High Court has directed the Sessions Judge Srinagar to examine and grant an amount of Rs 2 lakh as compensation in favour of the victim as permissible under Jammu and Kashmir Victim Compensation Scheme, 2013 notified vide SRO 229 dated 23.09.2013. “The amount shall be kept in fixed term deposit in the name of prosecutrix for a period of six years”, High Court said.
After hearing both the sides, Justice Mohammad Yaqoob Mir observed, “trial court has properly appreciated the entire evidence and has rightly come to the conclusion that the accused has committed the rape, therefore, has rightly convicted him for commission of offence under Section 376 RPC”, adding “judgment impugned recording conviction does not call for any interference”.
“While recording sentence vide order dated 09.05.2014, trial court has erred in awarding simple imprisonment of 10 years. Awarding of simple imprisonment is not prescribed as such to the same extent the order of sentence is modified”, High Court said, adding “accused is sentenced to undergo rigorous imprisonment of ten years for commission of offence punishable under Section 376(2)(i) RPC and a fine of Rs.10,000”.
“In default of payment of fine, accused shall have to undergo rigorous imprisonment of six months. The period already undergone during investigation, trial and after sentence be set off against the sentence awarded”, High Court further directed.
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