Presiding Officer Fast Track Court Surinder Singh awarded 20 years imprisonment to two accused, namely Mohd Ishaq and Abdul Rashid, who was facing trial in rape and kidnapping of a minor.
As per details of the case, on September 9, 2011, the complainant, namely Mohd Yousuf Sheikh, son of Ab Gani Sheikh, resident of Duksar (Dalwah), Ramabn complained JMIC (Munsiff) Gool, against the accused and six others, averring therein that accused hatched a conspiracy with other accused persons and kidnapped his minor daughter (name withheld) from his house on the intervening night of August 25-26, 2011. It was further alleged that after the kidnapping, the complainant’s daughter was kept by accused number 2 in his house at Barakund. Besides, the accused also decamped with 50 Tollas Silver, 2 Golden Nose Ring and cash worth Rs 70,000 after breaking open Almirah from the room of the complainant’s daughter. On this, FIR was registered, and after completion of the investigation, Challan under sections 363/376/344/34 of RPC was presented in the Court.
After hearing both sides, the Court observed that it had been proved and established that on an intervening night, August 25-26, 2011 accused, having common intention to commit the offence, forcibly kidnapped the minor daughter (prosecutrix) of the complainant from his house and kept her under illegal confinement until police recovered her. Also, during her illegal confinement, she was sexually assaulted by the accused. Her recovery from the possession of the accused was manifestly established. In this way, the prosecution, based on evidence brought on record which was trustworthy, satisfactory and adequate, has successfully brought home accused the accusations levied against them, thereby connecting them with the occurrence.
Accused are found to have committed offences under section 363/376/344/34 of RPC and, accordingly, convicted for the same.
The Court, after hearing both the sides, directed that both the convicts shall undergo rigorous imprisonment for 20 years and be sentenced to a fine of Rs 50,000 (rupees fifty thousand only) for an offence under section 376 of RPC and five years and acceptable to the tune of Rs 10,000 (rupees ten thousand only) for the offence under section 363 of RPC. They are further sentenced to 2 years imprisonment, a fine of Rs 5,000 (rupees five thousand only) under section 344 of RPC, and all sentences shall run concurrently. In default of payment of fine, they shall further undergo simple imprisonment for six months.
If deposited by convicts, the fine shall be paid to the prosecutrix.
