J&K: Kidnap, rape accused sentenced to 8 years' imprisonment

A fast track court on Tuesday in Jammu and Kashmir sentenced the main accused in kidnapping and rape of a 10th standard minor girl in 2014 to 8 years rigorous imprisonment, and also imposed a fine of Rs 50,000.

Judge Khalil Choudhary of the fast track court also sentenced Gharu Ram a.k.a. Bittu, son of Thoru Ram of Tikri Rakwala Jammu, to imprisonment of two years for the commission of the offence under section 363 Ranbir Penal Code (RPC) for kidnapping, and fine of Rs 10,000.

The convict was also sentenced to imprisonment for one year for the commission of offence under section 452 RPC (house trespass) and fine of Rs 5,000. However, these sentences have been ordered to run concurrently.

In default of the payment of the fines, the court ordered that the convict shall undergo further imprisonment for a period of two months in offence under section 376 (1) RPC (rape), one and half month in offence under section 363 RPC and one month in offence under section 452 RPC.

The other convict, Sunil Kumar a.k.a. Kokar, son of Rattan Lal of Dhai Chak Gho Manhasa, was sentenced for four months for commission of the offence under Section 363/109 RPC and a fine of Rs 10,000. In default of the payment of fine, the convict has to undergo further imprisonment for a period of 15 days in offence u/s 363/109 RPC.

The court also ordered that the period of detention of the convicts during investigation and trial of the case shall be set off against the sentence awarded to them.

"It is not only the duty of the court, but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only in the crime, but also the criminal," the court observed, adding: "Furthermore, deterrence and reformation are primarily social goals. It is the duty of the court to impose adequate sentence, for one of the purpose of the requisite sentence is protection of the society and legitimate response to its collectively concise."

According to prosecution, the 15-year-old student was returning towards home on the fateful day when the accused, Bittu along with Kokar forcefully kidnapped the girl and put her in a Maruti car. They later took her to an unknown place from the road of Gho Manhasan. Based on a complaint by the victim's family, police registered an FIR. The girl was recovered from a jungle area while the police later arrested the accused.

After investigation, the police established offence under RPC sections 376 (rape), 363 (kidnapping) and 452 (house-trespass) while offences under section 363 (kidnapping) and 109 (abetment of offence). Subsequently a charge sheet was filed on 15 March 2014 against the accused persons where from the charge sheet was committed to the Court of Principal Sessions Judge, Jammu. Thereafter, the case was transferred to the Court of 3rd Additional Sessions Judge Jammu on April 12, 2014 and later on May 25, 2021 to fast track court for trial of rape cases.

After hearing, both the sides, the Fast Track Court on Monday (May 23) convicted the accused, ruling that the evidence on record "unerringly points towards the guilt of the accused".