Excelsior Correspondent
JAMMU, June 12: In the much publicized kidnapping and rape of minor girl at Udhampur in 2001, Additional Sessions Judge Jammu, R N wattal today awarded 14 years Rigorous Imprisonment (RI) to accused Aftab Ahmed Chandel, son of late Ghani Ahmed Chandel of Shiv Nagar, Udhampur, who was facing investigation and trial for the last 11 years.
According to the prosecution case on February 9, 2001, father of the prosecutrix lodged a written complaint before SHO Police Station Udhampur regarding kidnapping of his daughter on February 8, 2001 by accused Aftab Ahmed Chandel with the connivance of Vikram Singh Slathia, son of Kumar Singh Slathia of Slathia Chowk Udhampur and Anoop Khajuria, son of Krishan Dutt Khajuria, resident of Samaj Gali.
It was mentioned in the complaint that prosecutrix was enticed away to some unknown destination in a Maruti car bearing registration number JK2H-8874. On this complaint, a case under Sections 363, 366 and 109 RPC was registered. The investigation of the case was, later, transferred to Central Bureau of Investigation (CBI) and case was re-registered in CBI on March 15, 2001 for further investigation. On April 11, 2001, CBI presented challan against accused Aftab Ahmed Chandel.
It was mentioned in the charge-sheet that further investigation in terms of Section 173 Sub Section (8) CrPC was continuing and complicity of the accused Vikram Singh Slathia and Anoop Khajuria was under probe. The Special Magistrate for CBI Cases Jammu committed the case to the Court of Sessions Judge and accused Aftab Ahmed Chandel was charged with the commission of the offences 363/366 RPC vide order dated May 21, 2001.
While awarding the sentence, Additional Sessions Judge, Jammu, RN Wattal observed, “the rape is a serious and heinous crime. Moreover, rape is conscious process of intimidation by which all men keep all women in state of fear and leading to wastage of half of talent and energy of the society”, adding “the rape shatters the very physique of the victim. A victim of rape is lowered in her own estimation and in estimation of the society”.
“It is tough for a rape victim to adjust in social set up. A rapist not only violates victim’s privacy and personal integrity but inevitably causes serious psychological as well as physical harm in the process. The rape is not merely a physical assault, it is often destructive of whole personality of victim”, the Court further observed, adding “a murderer destroys the physical body of victim but a rapist degrades the very soul of helpless female”.
With these observations, Court awarded rigorous imprisonment of two years and fine of Rs 1000 under Section 363 RPC, five years and fine of Rs 2000 for the commission of offence under Section 366 RPC and seven years and fine of Rs 5000 for the commission of offence under Section 376 of RPC.
All the sentences will run concurrently and in default of payment of fine the accused will have to undergo further simple imprisonment of three months.
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