Srinagar, Oct 11: The Jammu and Kashmir High Court has upheld trial court’s judgment, sentencing a man to 10 years imprisonment for raping a 4-year-old girl here in 2006.
“The 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, as such, judgement impugned recording conviction does not call for any interference. Such type of shameless accused for satisfying devilish lust not sparing a young baby just 3 to 5 years of age are absolutely inhuman, threatening the humanity,” a single bench of the high court comprising Justice Mohammad Yaqoob Mir according to Kashmir Glory said while dismissing a petition filed by the convicted person, Manzoor Ahmad Teli.
The court however modified trial court’s 9 May 2014 verdict, awarding simple imprisonment of 10 years to Teli.
“The trial court has erred in awarding simple imprisonment of 10 years under Section 376(2)(f) RPC. Section 376(2)(i) RPC applies not clause (f). Punishment for all clauses under sub-section (2) of Section 376 RPC is rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine. Awarding of simple imprisonment is not prescribed, therefore, to the same extent order of sentence is modified. 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,” the court said.
According o the prosecution, victim along with her parents was residing in a rented room in a building situated at Zampa Kadal Chattabal. On the morning of 8 November 2006, the 4-year-old girl had gone for washing the face. She did not return for about 10 to 15 minutes and her cries attracted attention of her father. He rushed towards Teli’s room who too was occupying one room on rent in the same floor of the building. He knocked at the door and when the accused opened it, he saw his daughter lying on the bed naked. The accused ran away and the father took his daughter to his room. Initially family hesitated in reporting the matter to the police but finally lodged a report following which FIR was in Police Station Saffakadal. During investigation it was proved that the Teli had committed rape and subsequently charge sheet (challan) was presented against him for commission of offence punishable under Section 376 RPC.
Meanwhile, the high court ordered that under Jammu and Kashmir Victim Compensation Scheme, victim was entitled to compensation. “Sessions Judge, Srinagar (Chairman, District Legal Services Authority) shall examine and grant an amount of Rs.2,00,000(rupees two lakhs) as compensation in favour of the victim, as permissible in accordance with the scheme, which, on sanction, shall be kept in fixed term deposit in the name of (victim girl) for a period of six years,” the court added.