SrinagarThe Jammu and Kashmir High Court has upheld 10-year jail term to a man for raping 4-year-old girl here in 2006, calling such convicts absolutely inhuman and a threat to the humanity.
Such type of shameless accused of satisfying devilish lust, not sparing a young baby, just 3 to 5 years of age, are absolutely inhuman, threatening the humanity, said a bench of Justice Mohammad Yaqoob Mir while dismissing a petition filed by Manzoor Ahmad Teli, who was convicted and sentenced to undergo ten years simple imprisonment on 9 May 2014. While family said the victim girl was 4-year-old, radiology test done on him revealed the girl’s age 3-5 years.
The court also modified the award of simple imprisonment to rigorous imprisonment, observing that the trial court has erred on this count.
The learned trial court has erred in awarding simple imprisonment of 10 years under Section 376(2)(f) RPC. Section 376(2)(i) RPC applies not clause (f). Punishment for all clauses under sub-section (2) of Section 376 RPC is rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine. Awarding of simple imprisonment is not prescribed, therefore, to the same extent order of the sentence is modified, the court said and awarded the accused to undergo rigorous imprisonment of ten years and a fine of Rs.10,000.
To accused persons contention that he was falsely implicated, the High Court observed no parent on earth can afford to falsely say that their 4-year-old daughter has been subjected to rape.
Late filing of the FIR is well explained. In the facts and circumstances, it is a quite natural reaction of the parents to hide if anything bad happened with their daughter so as to avoid bad name and bleak future, the court said, underlining that late filing of FIR in such circumstances was not fatal.
No tutored version is forthcoming so as to hold that the complainant with any calculation or with any intent to wreak vengeance has lodged the FIR.
According to the prosecution, the victim along with her parents was residing in a rented room at Zampa Kadal Chattabal. On the morning of 8 November 2006, the 4-year-old girl had gone for washing the face. She did not return for about 10 to 15 minutes and her cries attracted the attention of her father. He rushed towards Telis room who too was occupying one room on rent in the same floor of the building. He knocked at the door and when the accused opened it, he saw his daughter lying on the bed naked. The accused ran away and the father took his daughter to his room. Initially family hesitated in reporting the matter to the police but finally lodged a report following which FIR was in Police Station Saffa-Kadal. During investigation, it was proved that Teli had committed rape and subsequently charge-sheet (challan) was presented against him.
Meanwhile, the high court ordered that under Jammu and Kashmir Victim Compensation Scheme, the victim was entitled to compensation. Sessions Judge, Srinagar (Chairman, District Legal Services Authority) shall examine and grant an amount of Rs.2,00,000(rupees two lakhs) as compensation in favour of the victim, as permissible in accordance with the scheme, which, on sanction, shall be kept in fixed-term deposit in the name of (victim girl) for a period of six years, the court added.
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