SRINAGAR: Principal Sessions Judge Ganderbal has convicted Ashiq Hussain Khan for kidnapping and raping a 15-year-old girl in 2019.
The court presided by Principal Sessions judge, Ritesh Kumar Dubey held Khan guilty under Section 363 (kidnapping), Section 376 (rape), Section 343 (wrongful confinement), and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. Khan is a resident of Gulab Bagh Zakoora.
According to the prosecution, Khan had enticed and kidnapped the 15-year-old victim from her home on January 21, 2019. He took her to Banihal where he confined and raped her for two days. Khan then brought her back to Srinagar and raped her again at Dalgate before taking her to his home at Gulab Bagh. Police later recovered her from his residence.
The prosecution examined the victim, her father who was the complainant, her mother, her uncle, doctors who examined her, the headmaster of her school, and investigation officers. It proved that the girl was a minor aged around 15 years at the time of the incident.
Her deposition that Khan committed rape on her was found credible by the court. Her statement was supported by medical evidence indicating sexual intercourse. The victim was working in a factory where she met Khan.
The defense argued that there were contradictions regarding the date of arrest of the accused and the delay in filing the FIR. However, the court held that these do not affect the credibility of the prosecution’s version.
After analysing the evidence, the court concluded that the prosecution was able to prove the charges against Khan beyond a reasonable doubt.
The quantum of sentence will be announced on September 12. Khan has been taken into custody and sent to Central Jail Srinagar. The prosecution was represented by public prosecutor Shafat Ahmad.