Excelsior Correspondent
SRINAGAR, May 15: The High Court has aside the acquittal of the accused for sexually assaulting a minor girl and directed him to surrender before the Trial Court for imprisonment of four months with fine to be paid to the prosecutrix.
Justice Sanjay Dhar allowed the appeal of prosecution filed against the judgment dated 23.02.2017 passed by the 2nd Additional Sessions Judge, Srinagar, whereby the accused-Shabir Ahmad Khan was acquitted of the charges for offences Under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) and 376 (sexual assault).
Justice Dhar after having regard to the fact that the accused has faced trial before the Trial Court for more than ten years and keeping in view the fact that there is nothing on record to show that he has any criminal background, he does not deserve to be sentenced to maximum punishment.
Court, however, while awarding punishment, noted by indulging in an abhorrent act of outraging modesty of the prosecutrix, the accused has shattered the trust and confidence of the prosecutrix. Therefore, an adequate and appropriate punishment is required to be awarded against the accused.
Court has accordingly allowed appeal of the prosecution and set aside the judgment of acquittal passed by the Trial Court. “The charge for offence Under Section 354 RPC is proved against the respondent/accused beyond any reasonable doubt and he is, accordingly, convicted of the said offence”, Court concluded.
“Having regard to the aggravating and mitigating circumstances peculiar to the instant case, the accused-Khan in proof of charge for offence Under Section 354 RPC is sentenced to undergo simple imprisonment for a period of four months and to pay a fine of Rs.10, 000.
Court has also clarified that in default of payment of fine, the accused-Khan shall undergo a further imprisonment of similar description for a period of two months. “The respondent/accused shall surrender before the trial court within a period of 15 days from the date of announcement of this judgment”, Court directed.
Court said that in case the accused does not surrender then the Trial Court shall issue warrants for his arrest and send him to jail for serving the sentence. As per the prosecution case, on 05.04.2006, the prosecutrix lodged a report with the police stating therein that she is a student of 6th class studying in New Era Public School, Rajbagh, and on the said day, when, after the school hours, she was proceeding towards her house, at Mehjoor Nagar, Srinagar, the accused-Khan, who happens to be her cousin, met her.
He offered to accompany the prosecutrix to her home and told her that he has to get some articles from a house belonging to a Sikh gentleman. Accordingly, the prosecutrix accompanied the accused to the said house and at the relevant time there was no occupant in the said house and the accused made her take off her school uniform and tried to sexually assault her. When the prosecutrix raised a hue and cry, the accused tied a rope around her neck and gagged her mouth. The prosecutrix raised an alarm and some people came on spot, whereafter the accused/respondent fled away from there leaving her in a naked condition. The prosecutrix further narrated to the police that some person standing over there gave his shirt to her to cover her body.
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