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Court upholds 3 years jail term to man for unnatural offence

Post by on Sunday, June 12, 2022

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Pulwama : Principal Session Judge Pulwama has upheld and maintained conviction of three years imprisonment and fine of Rupees 5000 to a person for doing unnatural act with a minor.  
Abdul Rashid Malik, Principal Sessions Judge Pulwama, upheld and maintained the conviction and sentence of three years rigorous imprisonment and fine of Rs. 5000 to Javaid Ahmad Dar Son of Ghulam Nabi Dar, a resident of Aghanjipora Awantipora for doing unnatural act with a minor.
The sentence was pronounced to the accused by a trial magistrate under section 377 RPC.
 The case file states that a complainant was lodged at police station Awantipora on 10, 12, 2010 that a minor child was taken by the accused  Javid Ahmad Dar  to some unknown place on a cycle and subjected to unnatural act.
The case file further details that the minor was left by the accused outside the village.
“Once home the victim did not disclose the incident to his family,  however, after some days when he experienced pain while passing stool, his mother took him to the Doctor where the victim revealed the whole incident,” the case file reads.
 “While upholding the conviction, the court observed that the factual scenario shows, the victim was totally unaware of the catastrophe which had befallen
upon him. “That being so, the mere delay in lodging the First Information Report does not in any way render the prosecution version brittle”
While passing the judgement it was observed that the court came to the conclusion that there is clinching evidence against the accused which is corroborated by the Doctor and leaves no doubt in the mind of the court that the accused has
indulged in carnal intercourse with the child causing pain and injuries to his private parts.
" The grounds raised in the memo of appeal are not substantiated on record as the grounds are repetition of the contentions raised by the accused before the Trial Court which have been properly appreciated by the Trial
Magistrate and rejected with the support of cogent reasoning. The Appellate Court upheld the sentence of three years rigorous imprisonment and fine of Rs.5000/- awarded by the Trial Court to the accused,” the judgement copy reads.

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