FAST TRACK COURT, KULGAM AWARDS FOUR YEARS RIGOROUS IMPRISONMENT & FINE OF RS 10,000 TO A MAN FACING CHARGES OF THE ‘ATTEMPT TO RAPE’ A SIX YEARS OLD GIRL

FAST TRACK COURT, KULGAM AWARDS FOUR YEARS RIGOROUS IMPRISONMENT & FINE OF RS 10,000 TO A MAN FACING CHARGES OF THE ‘ATTEMPT TO RAPE’ A SIX YEARS OLD GIRL In a significant judgement, Presiding Officer Fast Track Court / Additional District & Sessions Judge, Kulgam Shri Parvaiz Iqbal, convicted a man namely Sajad Ahmed Bhat of Checkpora Kulgam, for committing offence of ‘Attempt to Rape’ of a pre-pubescent girl child of 6 years. The court in its detailed judgement has elaborately described the accusation, and the evidence, based on which the court got convinced that the charge against him is truthful and therefore liable under S. 376, 511 RPC. The Court held : “As already dealt in detail that in a criminal case, the burden of proof to establish the guilt of the accused primarily lies on the prosecution, which after threadbare scrutiny of the evidence brought on record by the prosecution, I am convinced to hold, has succeeded to prove that the accused has committed shameful act of ‘attempt to rape’ on the victim who was a pre-pubescent girl child, barely of six years on the day of occurrence. The I.O has collected sufficient evidence to help the court to arrive at this conclusion. The defence has failed to lead any evidence of his innocence or in any manner create reasonable doubt about the truthfulness of the hypothesis pointing towards the guilt of the accused.” Relying on the findings of Apex Court that “Human goodness has limits. Human depravity has none. However, the need of the hour is not exasperation or helplessness, but to evolve the law so as to make it more sensitive and responsive to the demands of time in order to resolve the basic problems." and the court convicted Sajad Ahmed Bhat of Checkpora, Kulgam in FIR no.111 of 2012 PS Kulgam and held : “After hearing Ld. APP and Ld. Counsel for the Convict on the point of appropriate sentence and considering all the attending circumstances in the light of law and dictums of various constitutional courts, I deem it befitting to award the convict sentence to undergo rigorous imprisonment for four years and fine of Rs. 10,000. In the event of his default to deposit fine amount, he shall undergo rigorous imprisonment for a further period of six months. The period of detention already undergone by the accused during the period of investigation & trial be set off u/s 397-A CrPC.”