SRINAGAR: A fast-track court has booked a man from central Kashmir’s Srinagar for 20 years imprisonment under the Protection of Children from Sexual Offences (POCSO) for sexually assaulting a minor.
The convict had contacted the victim through social media platform Facebook, and later met her in Bemina, where her tuition centre was located, the victim told the court.
In 2020, the accused lured the victim to come to his home. In her statement, the victim also said that the convict forced her to be in a physical relationship with him.
The Presiding Officer of the Fast Track Court, Aarti Mohan noted, “It also cannot be ignored that while committing the offence against the victim there is no allegation of any brutality or bestiality involved on the part of the accused neither it has been proved that the victim was forcibly taken away and raped by the convict.”
She, however, also noted that the fact that the victim and the accused had indulged in repeated sexual intercourses, when the victim was a minor and those sexual intercourses had even resulted in her pregnancy, which she had miscarried, cannot be ruled out.
“…keeping in view both the aggravating and mitigating circumstances, I feel that the mitigating circumstances outweigh the aggravating circumstances in the case and the award of the minimum punishment shall serve the ends of justice,” the Fast Track Court quantum if judgement reads, “Since the convict is held guilty of committing both aggravated penetrative sexual assault punishable under section 6 of POCSO Act and section 376 of IPC, as such, he is sentenced to rigorous imprisonment of 20 years for the offence punishable under section 6 of POCSO Act.”
Additionally, a fine of Rs 25000 has also been imposed.
The court noted, “In case of failure to pay the amount of fine, accused shall undergo further imprisonment for 6 months.”
“A perusal of the file also reveals that in view of the fact that the victim was subjected to repeated penetrative sexual assault resulting in her pregnancy and subsequent miscarriage was awarded an interim compensation of Rs. 300,000/- (Three Lakhs) as victim compensation for the purpose of rehabilitation by this court during the course of trial,” the court noted, adding “This amount in my opinion is not sufficient to compensate and rehabilitate the victim. Considering the fact that the victim has been subjected to mental and physical trauma as well as her financial condition it is directed that a further amount of Rs. 300,000 (Three Lakhs) in addition to the amount of interim compensation already awarded to the victim to be released in her favour as compensation.”
The Secretary of DLSA Srinagar has been directed to immediately transmit the victim’s case to the Member State Legal Service Authority of Jammu and Kashmir.
The accused was on bail and was ordered to be brought into jail immediately and transported to Central Jail in Srinagar following his conviction. The alleged incident occurred on December 3, 2020, and the victim’s father filed an application under Section 156(3) Cr.P.C. for the registration of a FIR against the accused on the grounds that his minor daughter had been kidnapped by the accused-Guroo, and thus FIR No. 223/2020 u/s 363, 342, 506 IPC was registered against the accused person.
