SRINAGAR: The J&K high court has upheld the conviction of two persons for gang rape of a pregnant woman in 2008 at Jammu.
The court, however, modified sentence awarded to the duo from fourteen years to ten years.
“The court does not find any illegality or perversity in the judgment and order impugned. Same, in our view, is un-interferable,” said a division bench of Justices Muhammad Yaqoob Mir and Tashi Rabstan while upholding the judgment by court of 3rd Additional Sessions Judge Jammu on May 25 last year.
Underscoring that sentence prescribed is rigorous imprisonment for a term which shall not be less than 10 years but which may be for life and liable to fine, the court said: “Though the ferocious act committed is unpardonable, 10 years rigorous imprisonment and fine as imposed shall be proportionate”.
The court said that the period for which appellants were in the custody during investigation, trial and during pendency of the appeal be set off against the period of sentence awarded to them.
It also ordered that the fine of Rs 1.4 lakh in case realized from the convicts, as directed by the trial court be paid to the victim as compensation.
“The appeal, except to the modification vis-à-vis period of sentence to the extent indicated above, is destined to fail being devoid of merit as such is dismissed,” the court said.
According to the prosecution, during the intervening night of August 22 /23, 2008, while the victim was sleeping alone in her rented accommodation at Beli-charana, accused Dawood Khan and Rajiv Kumar after breaking open the door overpowered her and committed rape on her who was then pregnant. They fled away from the spot after committing the offence.
On August 23, the victim lodged a complaint with police station Satwari and accordingly a case (FIR No 139/2008) was registered for offences under sections 450 and 376 of RPC. After completion of investigation charge sheet was presented in the competent court which culminated into the conviction of the rapists’ duo.