HC upholds 10-yr jail term to rapist of 4-yr old girl

Modifies Simple Imprisonment To Rigorous Term, Says Such People Are Inhuman

D A RASHID
Srinagar, Publish Date: Oct 12 2017 12:42AM | Updated Date: Oct 12 2017 12:42AM
HC upholds 10-yr jail term to rapist of 4-yr old girl

The High Court on Wednesday modified a fast-track court’s order of 10 years simple imprisonment, for raping a 4-year-old girl here in 2006, to the extent that the convict would now undergo a rigorous imprisonment for the same period.

Dismissing the convict’s appeal against the trial court judgment, a bench of Justice Muhammad Yaqoob Mir said: “Such type of shameless people accused of satisfying devilish lust not sparing a young baby just 3 to 5 years of age are absolutely inhuman.”

The bench pointed out that the trial court has properly appreciated the entire evidence and has rightly come to the conclusion. “As such, judgment impugned recording conviction does not call for any interference,” the court said while dismissing an appeal filed by Manzoor Ahmad Teli. Teli was sentenced to undergo 10 years simple imprisonment by 2nd Additional Sessions Judge Srinagar on 9 May 2014.

The High Court however observed that in awarding “simple imprisonment” to Teli, the trial court has erred.

“Punishment for all clauses under sub-section (2) of Section 376 RPC is rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life and also fine. Awarding of simple imprisonment is not prescribed, therefore, to the same extent order of sentence is modified,” the court said.

To the convict’s argument that he was falsely implicated, the Court observed: “No parent on earth can afford to falsely say that their 4-year-old daughter has been subjected to rape.”

Meanwhile observing that under Jammu and Kashmir Victim Compensation Scheme, victim was entitled to compensation, the bench asked chairman District Legal Services Authority Srinagar to examine and grant Rs 2,00,000 as compensation to the victim. “The amount, on sanction, shall be kept in fixed term deposit in the name of victim girl for a period of six years,” the court said.

 

CASE:

According to the prosecution, the victim along with her parents were residing in a rented room in a building situated at Zampa Kadal Chattabal. On the morning of 8 November 2006, the 4-year-old girl had gone for washing the face. She did not return for about 10 to 15 minutes and her cries attracted attention of her father. He rushed towards Teli’s room who too was occupying one room on rent in the same floor of the building. He knocked at the door and when the accused opened it, he saw his daughter lying on the bed naked. The accused ran away and the father took his daughter to his room. Initially family hesitated in reporting the matter to the police but finally lodged a report following which FIR was registered in Police Station Safa Kadal. During investigation it was proved that Teli had committed rape and subsequently charge sheet was presented against him which culminated in conviction of the accused by the trial court.

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