Srinagar- A fast-track court on Wednesday awarded eight years’ rigorous imprisonment to a mason from Bihar for kidnapping and raping a minor girl in Habba Kadal area of Srinagar in 2016.
Four days after convicting the mason, Santosh Kumar Paswan son of Saider Paswan of Lalpora Bhim Nagar Bihar, 2nd Additional Sessions Judge (Fast Track Court pertaining to rape cases)— Renu Dogra Gupta—also imposed Rs 20000 on him.
“…..I sentence 8 (eight) years of rigorous imprisonment and fine of Rs 20,000/- to the Convict Santosh Kumar Paswan ….for the commission of the offence under section 376 RPC (rape),” the court said, adding, “For the commission of offence under Section 363 RPC (kidnapping) the convict shall undergo rigorous imprisonment for 7 years ( Seven years) and a fine of Rs. 10,000.”.
However the court ordered that both the sentences shall run concurrently.
“In case of default in payment of fine, the convict shall further undergo simple imprisonment for a period of 2 months,” the court said and ordered police to lodged Paswan in Central Jail Srinagar to serve the sentence so imposed.
“…the custody undergone by the convict (Paswan) during investigation and trial of the case shall be set off against the sentence of imprisonment so imposed upon the convict.”
Earlier, AAP Farooq Ahmad Malik prayed for maximum punishment of life imprisonment to the convict keeping in view his “brutal act”, arguing that the minor girl of less than 16 years was raped by convict, resulting into her pregnancy.
On the other hand, the defence counsel argued that Paswan is labourer by profession and was the sole bread earner for his family including his wife and three minor children and old aged mother.
Paswan, he said, has already serve detention of more than 7 years and now the sentence awarded to him is punishment to family members as there is no one who can maintain them and provide them the necessities of their life.
The police had filed the charge-sheet against Paswan regarding kidnapping and rape of the minor girl (name withheld) in 2016.
According to prosecution, on 1 September 2016 a complainant was lodged with the police of Police Station Kralkhud to the effect by girl’s father that in his house a person namely Santosh Kumar Paswan was doing mason work and after completing his work at his home, he often used to visit his house.
The complainant said his daughter (name with-held) was missing from her house and that he is having strong doubt that she has been enticed. During the course of search, the girl and kidnapper were found riding on a motorcycle near Humhama and going in suspicious condition towards Airport, the prosecution said. Subsequently, the prosecution said, they were apprehended and brought to Police post Humhama. The motorcycle, Air Tickets of accused and prosecutrix from Srinagar to Delhi were seized, the prosecution said.
The medical examination of the prosecutrix (girl) was conducted by a doctor who has reported that in the womb of the prosecutrix a fetus of about 10 weeks and 6 days is present.
Actually, the prosecution said, the accused used to go to her home and after taking benefit of the minority and immaturity of the victim, the kidnapper had established illegal terms with the girl.
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