Srinagar: The Jammu and Kashmir High court dismissed the plea of rape accused teacher, Parvez Ahmed Dar and upheld his conviction of 10 years and fine of Rs 25,000 awarded to him by a trial court.
The court observed that the trial court has appreciated the evidence, the arguments and has applied the law properly.
“Well-reasoned judgment; does not call for any interference,” the court observed.
Justice Muhammad Yaqoob Mir while hearing the plea said, “Unfortunately accused, a perverted teacher, in fact a destructor who normally could be a father figure, has tarnished the life of an orphan girl who used to get tuition from him. The whole system works on trust and confidence. Teacher is never expected to be a devil. The teacher (accused) who has displayed devilish brutality is a shame for himself. How the poor girl
can come out of the stigma for which none else but her teacher is responsible,” the court observed.
The community is a nation builder community but for such perverted teacher. The learned trial court has appropriately awarded the sentence. The judgment and order of sentence are upheld. Appeal is dismissed accordingly,” the court said.
The court said that the victim was entitled to compensation under Jammu and Kashmir Victim Compensation Scheme, 2013 notified vide SRO 229 dated September 23, 2013.
The principal district and sessions judge, Srinagar (Chairman, district legal services authority) shall process the case for payment of Rs 1.50 lac as compensation as permissible in accordance with the said scheme, which on sanction shall be kept in a fixed term deposit in the name of the victim initially for a period of six years.
The case diary states that an orphan minor girl below 18 years of age and a student of class IX on the date of occurrence has been raped by the accused “a tutor” at his own residence. Upto 8th standard accused was her private tutor, thereafter in the 9th standard she was asked by the accused to go to another tutor namely Mushtaq Ahmad, who demanded tuition fee of Rs7, 000. On the date of occurrence of the crime (December 12, 2013) when the girl came back from school told her mother that she has to pay Rs 7000 as tuition fee to the new tutor Mushtaq Ahmad, her mother contacted the accused (earlier tutor) and told him that she being a poor lady was not in a position to the amount in single installment and instead would pay in peace meals.
Mother of the girl gave Rs.2000 to her daughter for payment to Mushtaq Ahmad (new tutor) through the accused (earlier tutor).
When the girl reached the house of the accused while entering in, she found two students namely Gagandeep Singh and Ajaz Ahmad Sheikh coming down from stairs accompanied by accused upto the ground floor, both of them left the house but the accused returned and caught hold of the victim and raped her. She bled but the accused left her and tried to intimidate her.
On her return to home, the girl was asked by her mother to prepare tea for his brother. As she began working in kitchen, she fell unconscious. She was rushed to the hospital where it was confirmed that she has been raped.
Based on the said report, case was registered as FIR No. 242/2013 P/S Sadder for commission of offence punishable under Sections 363 and 376 RPC, P/S Sadder. On completion of investigation of the case, it was concluded that the accused teacher had confined girl, intimidated her and then raped her, as such, commission of offence punishable under Sections 376, 342 and 506 RPC was proved to have been committed by the accused.