
Srinagar- A fast track court in Kulgam has sentenced a youth to eight years of rigorous imprisonment for minor’s rape.
Presiding Officer, Fast Track Court/Additional District & Sessions Judge Kulgam Parvaiz Iqbal, announced the sentence three days after convicting Yawar Ahmad Bhagat for commission of rape of the minor girl in 2018.
The court has acquitted two accused namely Ghulam Mohi-ud-din Bhagat and Shabir Ahmad Bhagat for offence under section 363,109 RPC.
Convict Yawar Ahmad Bhagat, though was acquitted for offence under section 363 RPC, was held guilty for rape. Besides sentencing him to undergo rigorous imprisonment of eight years, the court imposed a fine of Rs.10,000 on him.
The court said that though the relationship between the minor girl and the convict was ‘consensual’ but once the girl is minor i.e of the age of less than 18 years, her consent is inconsequential.
The court held that when FIR was registered, the girl aged 17 years carried a pregnancy of 36 weeks and the convict disowned the paternity of the child, leaving the girl lurching for justice.
The court in sentencing order however took due consideration of the age of the convict and his old aged parents dependence as well as his future career prospects and awarded the minimum sentence provided under section 376 RPC.
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