SRINAGAR: A court on Monday awarded five years’ rigorous imprisonment after holding him guilty of sexually assaulting a 14-year-old boy in Karfali Mohalla locality of old Srinagar in 1978.
The court of Additional Session Judge S R Gandhi also imposed a fine of Rs 50,000 on the convict Nazir Ahmad Ganie, a resident of Karfali Mohalla.
The amount, if realized, should be granted as compensation to the victim, who is now 52 years of age, the court ordered.
According to additional public prosecutor (APP) Sheikh Mohammad Sultan, Ganie had befriended the boy, who was studying in 9th class then, and on the day of incident, compelled him to have liquor.
He then took the boy at an isolated place where he had made preparations to photograph the unnatural incident, the APP said.
“He made all the attempts to commit sodomy upon the helpless boy and get it photographed with a motive to blackmail him or to get his mouth shut up,” he said.
The black and white photographs of the “shameful act” were part of the prosecution record produced before the court, the APP told Kashmir Reader.
In his arguments, seeking stern punishment to the convict, the APP informed the court that Ganie had “criminal background” as he was also ordered to be detained under Public Safety Act on April 15, 1985.
On the other hand, Ganie’s counsel submitted that the offence has been committed some 38 years ago.
“He (Ganie) is in sixties and has own grandchildren. If he is sentenced to jail, it may cause a great hardship to him,” the counsel said, and urged the court to take a lenient view on him.
After hearing both the parties, the court sentenced Ganie to five years rigorous imprisonment and fined him for the offence under RPC section of 377 read with 511. The court also awarded him six months rigorous imprisonment and fine of Rs 1,000 under section 120-B (criminal conspiracy).
“Both the sentences shall run concurrently,” the court said, adding that out of the fined amount, Rs 50000 shall be paid as compensation to the victim if realized from Ganie.
“In default of the fine amount, (Ganie) shall undergo imprisonment for six months,” the court said and also order to set off the time that Ganie has already remained behind the bars. As per the records, Ganie had been arrested on January 20, 1978, and he remained in prison till October 26, 1978, when he was ordered to be released on bail by the court.
The APP said that some time back, 3rd Additional session judge Srinagar had acquitted Ganie of the charges. The state filed appeal against it and the high court ordered fresh trial and the case was assigned to additional session court, he said. During the 38 years, one of accused persons, who were part of the conspiracy, had died while two others were acquitted by the court, the APP added.