Srinagar- Over 17 years have passed since the horrific rape and murder of 13-year-old Tabinda Gani, yet her family continues to await justice.
In July 2007, Tabinda, a Class 8 student from Handwara, Kashmir, was subjected to a brutal assault by four men as she returned home from school. The appalling crime sparked widespread protests and outcry across the valley, reflecting the anguish and concern of the public.
While all four accused were arrested and a chargesheet filed, the journey towards justice has been prolonged,
The accused were identified as Sadiq Mir alias Saeda Choor, Azhar Mir alias Billa, both residents of Langate, Jahangir Ansari of West Bengal, and Suresh Kumar of Rajasthan.
A case vide FIR number 152/2007 under Sections 302, 376 and 34 RPC was registered and after investigation, police filed a chargesheet against all the four accused.
The Trial Court in its judgement had observed that convicts are a menace to the society, they have shown no sympathy to the helpless minor girl who was reading in the middle class and to conceal their evil deeds they had resorted to this drastic and extreme brutal act which resulted in depriving life of a innocent minor girl.
Sessions Court also drew parallels to the “Nirbhaya gang rape and murder case”, where not only the adminstration including the police but the political class was shaken and the response was in the form of legislative amendments and setting up of fast track Courts for trying sexual offences.
The Kupwara District Court pronounced its verdict on April 24, 2015, sentencing all the four convicts to death.
“ Convicts are sentenced to death for offences under section 302/34 and each one for rigorous imprisonment of seven years for an offence punishable under Section 363/34 RPC. The convicts are also sentenced to rigorous imprisonment for 10 years for the offence punishable under Sections 376(G)/34 RPC. They are also sentenced to simple imprisonment of one month for offences punishable under Section 341/ 34 of RPC. The sentences shall run concurrently,” read the verdict.
However, the accused later approached the High Court and filed an appeal challenging the conviction Order passed by Principal Sessions Judge Kupwara.
Speaking to Kashmir Observer, Mubeen Wani, Deputy Advocate General who is representing the Government UT/State said, “Now the case is being taken up regularly on hearing days by the Hon’ble Court. We are defending the case to the best of our capabilities and we expect that the appeal will be decided soon.”
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