By M Ahmad
Srinagar- A court here on Wednesday sentenced a man to ten years rigorous imprisonment for raping a minor girl in Soura area of Srinagar in 2012.
Taking into account aggravating circumstances, the Court of 2nd Additional Sessions Judge Srinagar, Renu Dogra Gupta, also imposed fine of Rs 25,000 to the convict, Irshad Ahmad of Malik of Ahlan Gadwak Kokernag, at present Anchar Soura, for the commission of the offence under section 376 RPC.
“In case of default in payment of fine, the accused shall further undergo simple imprisonment for a period of 6 months,” the court said, and ordered him to be lodged in Central Jail Srinagar to serve the sentence. However, the court said, the custody undergone by the convict during investigation, inquiry and trial of the case, shall be set off against the sentence of imprisonment.
Earlier, Additional Public Prosecutor Farooq Ahmad Malik sought punishment of life imprisonment, “keeping in view his brutal act.”
He said that the minor girl of less than 14 years was raped by the convict, resulting into her pregnancy without showing any kind of humanity or without any kind of mercy towards her. He contended that the minor girl was gagged by the convict and threatened against disclosing the same to anyone. He said that the convict deserves “no mercy as he has not shown any mercy on the minor helpless girl.”
On the other hand, counsel representing Irshad Ahmad argued that that convict is 40 years and is the sole bread earner for his family including his wife and two minor children and due to his conviction they will be put to starvation.
As per the prosecution, police received a complaint from the girl’s father that he took his daughter for check after she complained of abdominal pain and upon tests by the doctors she was certified to be pregnant.
Upon enquiry by him and his wife, the minor girl disclosed that the person who resides in their neighborhood as tenant, Irshad Ahmad, raped her several times, the prosecution said based on the statement by the complainant.
After receiving the report, the prosecution said, a case (FIR No 33/2012) for the commission of offence punishable under Section 376 RPC was registered in police Station Soura and the investigation started. During investigation, it said, the victim girl’s age certificate was obtained and she was found to be less than 14 years old.
Subsequently, the accused was arrested and on the basis of the facts and evidence collected, it said, a charge sheet under Section 376 RPC was filed on 23 June 2012. Subsequently the trial ensued and culminated in conviction of the accused.
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