Principal Sessions Judge Udhampur Mr. AK Koul today awarded seven years each rigorous imprisonment and fine Rs 10,000 to Babu Ram S/O Phalli and Uttam Kumar S/O Hari Chand caste Gadhi Residents of Rasli Gadherian Tehsil Ramnagar in rape case.
According to the police case that on January 14, 2009 a written report (Ext.-P-2) was lodged by PW 1(herein after referred to as prosecutrix) alleging therein that on 13.01.09 at about 2.30 p.m she was going to her parental home along with her daughter Shivani . The accused way laid them and accused No.1 forcibly caught her arm and pushed her down the road to a nearby forest. Accused No.2 maintained a vigil. Accused No.1 tore her clothes and raped her forcibly. As she raised an alarm he gave her a blow with a stone on her knee and inflicted an injury on her. Her daughter ran away weeping for help over a distance of 500 meters and reached a shop when some people rushed on spot and accused No.1 removed her ear rings and extorted an amount of Rs.200/- from her and ran away.
On the basis of this report a case was registered against the accused and during investigation the investigating officer recovered pieces of broken bangles and a stone from the place of occurrence. Wearing apparels of prosecutrix were seized along with sample of soil and same were forwarded to Forensic expert for chemical examination. She was examined medically. After investigating it came to the fore that the accusation leveled against the accused was well founded. Accused had wrongfully restrained the prosecutrix from proceeding ahead. They caught her and dragged her towards the forest where accused No.1 raped her and other kept a watch.
After committing the rape on her the accused fled away along a cash amount of Rs.200/- from the prosecutrix which were later on recovered. However the ear rings were not found to be stolen. On the conclusion of the investigation the charge sheet was laid in the court for judicial determination. Babu Ram has been charged u/s 341/376/382 RPC while as accused Uttam Kumar stands charged u/s 341/376/109 RPC.
Principal Sessions Judge Udhampur Mr. AK Koul after hearing Public Prosecutor Navneet Gupta appearing for the state whereas Adv IL Thakur appearing for the accused persons, observed that Regarding the quantum of sentence it needs to be under lined that both the accused are within the age group of 23 to 26 years. They have faced the trial for about 3 years now and as stated by learned defence counsel they are the sole bread earners for their respective families and belong to a class of the society which is below poverty line.
Though the crime committed by them is serious but I believe that harsher punishment would not only destroy the future of the accused but would also expose their families to starvation. The accused have committed the crime unmindful of its consequences but then law cannot afford to bring their families to the road. Court believe that even a lesser sentence would serve the ends of justice.
So while convicting them for the offences referred to e Babu Ram is sentenced to rigorous imprisonment for seven years and a fine of Rs.10, 000 for commission of offence u/s 376 RPC and also to rigorous imprisonment of one month for commission of offence u/s 341 RPC . Similarly accused Uttam Kumar is also sentenced to, rigorous imprisonment for a period of seven years and a fine of Rs.10, 000/- for abetment of commission of offence u/s 376 RPC , and to a further period of rigorous imprisonment of one month for commission of offence u/s 341 RPC . In default of payment of fine each accused shall undergo an imprisonment for two months in addition to imprisonment awarded above. Both the sentences to run concurrently for each of the accused. Accused are on bail. Their bail bonds are cancelled. They shall be taken in custody immediately and committed to District Jail Udhampur to serve the sentence.