SRINAGAR: Principal Sessions Judge Udhampur Y P Bourney on Thursday awarded 8 years rigorous imprisonment and a fine of Rs 25000 to Karnail Singh son of Naseeb Singh resident of Ladda Moungri District Udhampur for raping a Deaf and Dumb girl six years back when she was sleeping at the house when accused barged into her room, gagged her mouth with her dupatta and committed rape on her.
After hearing Public Prosecutor Koshal Kotwal and counsel for the accused, the court was of the considered view that prosecution evidence is clear, cogent and consistent. The defence has not been able to extract anything from the prosecution witnesses or bring on record which could have the effect of undermining their credibility or suggesting that they have some reason to implicate the accused falsely. The delay in lodging the report has also been explained and the defence taken by the accused is not acceptable at all.
The judgment said that Rape is not just a physical condition but a crime which completely demolishes or destroys the victim and her family. The physical scar may heal up and vanish with the time but the mental scar inflicted by the rape would always remain there for the remaining life of the victim as when a woman is ravished, what is inflicted is not a mere physical injury but a deep sense of some deathless shame.
“Keeping in mind the aggravating and mitigating circumstances of this case, the court awarded eight-year rigorous imprisonment and a fine of Rs. 25,000/- for the commission of offence under Section 376 RPC to the accused. The accused shall further undergo rigorous imprisonment for two years and pay a fine of Rs.10,000/- (ten thousand rupees) for the commission of offence under Section 452 RPC. Both the sentences shall run concurrently. Out of the fine amount, if realized 25,000/- shall be paid to the victim as compensation.