SRINAGAR: Additional Sessions Court Handwara on Wednesday convicted an accused in a sexual assault case on a minor and sentenced him to ten years imprisonment besides levying on him a fine in tune of rupees fifty thousand.
The court observed “when a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame.”
As per an order by Additional Sessions Judge, Handwara, Umi Kulsoom, the Learned Counsel for convict, Advocate Abdul Majeed, asserted that the accused is a 26-year-old young man from an economically disadvantaged family background. The counsel highlighted that the convict has a clean record with no prior convictions or pending criminal cases.
Court observed, “Where a rape is committed on a child below sixteen years of age, the normal sentence which can be awarded is not less than 10 years rigorous imprisonment. The court in exceptional circumstances considering the “special and adequate reasons” may sentence the convict for a period less than 10 years rigorous imprisonment.”
“The victim/prosecutrix was 13 years 4 months and 11 days of age at the time of commission of offence as per the School record. The Prosecutrix/Victim was a helpless child. The convict, who at the time of occurrence was the age of 18 years 3 months and 4 days, shattered the dignity of prosecutrix; she has to bear the burden of the act committed by the convict throughout her life. The physical scar may have healed up, but the mental/emotional scar will always remain. When a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame. Child sexual abuse is a serious and heinous offence against the society and humanity. To show mercy in child sexual abuse case would be a travesty of justice. The socioeconomic status of the convict in child sexual abuse case is not a relevant consideration in awarding punishment. The convict shattered the basic human right of the victim to live with honour and dignity. Judicial response to human rights cannot be blunted by legal jugglery. No special and adequate circumstances exist which may warrant the awarding of sentence less than ten years rigorous imprisonment to the convict,” the order observed.
While pronouncing the quantum of punishment, the Court said that, “After considering the totality of facts, the convict is sentenced to ten (10) years rigorous imprisonment along with fine of Rs.50,000/- (Rupees Fifty Thousand) and in default of payment of fine, he shall go further six months for simple imprisonment and to pay a compensation of Rs.50,000/- (Rupees Fifty Thousand) to the victim and in default whereof to undergo simple imprisonment for a period of six (6) months. Period already undergone by the convict during trial shall be set off against the sentence awarded. Necessary warrant be drawn up and convict be committed to District Jail Kupwara.” (GNS)
