STATE TIMES NEWS
JAMMU: Principal Sessions Judge Pulwama Abdul Rashid Malik upheld three years rigorous imprisonment and fine of Rs 5,000 imposed on one Javid Ahmad Dar, son of Ghulam Nabi Dar, resident of Aghanjipora Awantipora for unnatural offence.
According to case, on December 13, 2010 the complainant lodged a report at police station Awantipora stating that on December 10, 2010 his son namely Faizan Ahmad Dar was taken by accused, who also resides in the same village to an unknown place on a cycle. Faizan Ahmad Dar was subjected to sodomy by accused and thereafter was left by accused at some unknown place outside village. Faizan Ahmad Dar did not disclose incident to his family however after some days when be experienced pain while passing stool, his mother took him to doctor where the victim revealed entire incident. On receipt of information FIR No.203 of 2010 under section 377 of RPC was lodged and investigation started. During investigation seizure memo, injury Memo and site plan were prepared while statements of witnesses under section 161 of CrPC were recorded. The investigation finally culminated in filing of charge-sheet under section 377 of RPC.
Principal Sessions Judge Pulwama Abdul Rashid Malik after hearing both the sides observed that statement of the Doctor leaves no doubt in the mind of the Court that the accused has indulged in carnal intercourse with child causing pain and injuries to his rectum. Therefore, in view of aforesaid discussion, the trial Judge has not committed any error while convicting accused. “The grounds raised in the memo of appeal are not substantiated on record as grounds are repetition of the contentions raised by accused before the trial Court, which have been properly appreciated by the trial Magistrate and rejected with support of cogent reasoning. Therefore, the appeal is rejected and sentence and conviction of the trial Court is maintained,” the Court observed.
