Srinagar, Oct 11: A court here has convicted and sentenced a young man to 20 years’ jail for sexually assaulting a minor girl, resulting in her pregnancy and subsequent miscarriage in 2020.
“…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,” Presiding Officer of Fast Track Court for POCSO cases, Aarti Mohan, said, adding, “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.” The court also imposed a fine of Rs. 25000 and ordered that if the same was realized it shall be payable to the victim as compensation.
The victim told the court that the convict—Danish of Srinagar –contacted here via face book and then met her at a place where she was going for tuition.
Later, she said, the accused forced her to have physical relations with him and raped her.
“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,” the Court said.
However, the Judge said that the court cannot over look the fact that the victim was a minor girl at the time of the occurrence and was motivated to enter into repeated sexual intercourse by the accused without consideration to her age which even resulted in her pregnancy and subsequent miscarriage.
Citing a Supreme Court judgment, the court said whether such offence arises from a “romantic relationship” is irrelevant.
The court also directed payment of Rs 3 lakh more as compensation.
“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 said, 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 Court directed the Secretary DLSA to forward the case of the victim to Member State Legal Service Authority J&K forthwith.
