STATE TIMES NEWS
JAMMU: Presiding Officer Y.P Kotwal of Fast Track Court on Tuesday awarded 21 years rigorous imprisonment and fine of Rs 70,000 each to Dawood Khan, son of Ali Akbar Khan, resident of Bafflayaz Surankote, at present Belicharana, Jammu and Rajiv Kumar, son of Girdhari Lal, resident of Belicharana, Jammu who were facing trial in a Gang Rape with pregnant woman for the last seven years.
According to the prosecution case, during the intervening night of 22nd/23rd August, 2008, while prosecutrix was sleeping alone in her rented accommodation at Belicharana, at about 3:00 AM she had heard the noise of somebody breaking the door of her room, resultantly she had woken up and the moment she had come down from her bed, accused Dawood Khan and Rajiv Kumar after breaking open the door had come inside the room. The prosecutrix had tried to raise alarm however, accused Dawood Khan and Rajiv Kumar overpowered her and committed rape. The prosecutrix had requested them that she was in her advance stage of pregnancy, so they should not do any such act with her, however, despite her request both the accused had committed rape on her and fled away from the spot. In the early morning of 23rd August, she had gone to police post, Belicharana from where she was taken to police station, Satwari, where she had lodged a written report. Accordingly, FIR No. 139/2008 for offences under sections 450 and 376 RPC was registered. After completion of investigation, the Challan was presented in the Court.
Presiding Officer Y.P Kotwal after hearing APP G.S Charak for the state whereas Advocate Rakesh Sharma appearing for the accused observed that there is no extenuating or mitigating circumstances available on record for imposing minimum sentence or less than the minimum on the convicts. “Moreover, to show mercy in the case of such heinous crime, where woman, who is in the advance stage of her pregnancy has been raped by both the convicts one after the other, would be travesty of justice and the plea of leniency is wholly misplaced”, it observed. Court further observed that in view of annunciation of law and the factual matrix of the case, it is to be determined what would be the appropriate sentence to be imposed on the convicts. Court ordered that both the convicts are sentenced to undergo rigorous imprisonment for a period of seven years each under Section 458 RPC and fine of Rs. 20,000 each. In default of payment of fine, both the convict shall undergo simple imprisonment for a period of 3 months each and 14 years each for offence under Section 376(2)(g) RPC and a fine of Rs. 50,000 each. In default of payment of fine, both the convicts shall undergo simple imprisonment for six months each.
Court further observed that it is also made clear that in case fine amount is realised from the convicts, then whole of the fine amount i.e. Rs. 1.4 lakh shall be paid to the prosecutrix as compensation, who had suffered due to the act of the convicts. JNF
