Man sentenced to 8 years of rigorous imprisonment for kidnapping, raping minor in 2016

Srinagar, Mar 20:  A fast-track court here Wednesday awarded eight years of rigorous imprisonment to a man from Bihar for kidnapping and raping a 15-year-old minor at Habba Kadal locality in Downtown Srinagar in 2016.

The Court of 2nd Additional Sessions Judge (Fast Track Court pertaining to rape cases) Renu Dogra Gupta sentenced Santosh Kumar Paswan, son of Saider Paswan, resident of Lalpora Bhim Nagar Bihar four days after his conviction for the offences punishable under Sections 363(kidnapping) and 376( rape) of RPC( Ranbir Penal Code).

The Court sentenced Paswan to eight years of rigorous imprisonment besides imposing a fine of Rs 20,000 on him for the commission of the offence under section 376 of RPC after hearing the Additional Public Prosecutor (AAP) for the prosecution as well as the counsel representing the convict.

Besides, the court ordered that the convict has to undergo rigorous imprisonment for seven years with a fine of Rs 10,000 for the commission of offence under Section 363 of RPC. “Both the sentences shall run concurrently,” the court said, adding, “in case of default in payment of fine, the convict shall further undergo simple imprisonment for a period of two months”.

While the court ordered that the convict shall be lodged in Central Jail Srinagar to serve the sentence so imposed, it said: “However the custody undergone by the convict during investigation and trial of the case shall be set off against the sentence of imprisonment so imposed upon the convict”.

The Court also ordered that a copy of its order shall be submitted to the Chairman District Legal Service Authority, Srinagar with the request to consider the case for compensation to the victim girl.

Before awarding the punishment to the convict, the court heard APP as well as counsel for the convict on the quantum of sentence.

The APP submitted that the minor girl of less than 16 years was raped by the convict who deserved no mercy “as he has not shown any mercy on the minor helpless girl.” The APP further contended that the convict be awarded punishment of life imprisonment keeping in view his brutal act.

The defence counsel on the other hand argued that convict is labourer by profession and is the sole bread earner for his family including his wife and three minor children and old aged mother.

The convict had also filed an affidavit wherein he stated that he had a large family including his wife, three children and old aged sick mother and his father had died during his incarceration which is now eight years.

“In case a lenient view is not taken in respect of my punishment, my whole family consisting of my wife, children and old aged mother will die due to starvation who are presently putting up in a rental accommodation as my father has sold the house during his life time in order to defend my case,” he said.

“…….I am of the considered opinion that 8 years of imprisonment with fine for offence under section 376 and 7 years of imprisonment with fine for offence under section 363 RPC is an adequate punishment for accused in the instant case,” the judge said in his order.

According to prosecution, on September 1, 2016, the father of the minor girl as lodged a complaint with Police Station Kralkhud to the effect 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.

He said that since early morning of the fateful day, his 15-year-old daughter was missing from home and he had strong doubts that she had been enticed by the accused Paswan.

After receiving the report, police registered the case under FIR No 32/2016 under relevant section of law at police Station Kralkhud and started the investigation of the case. During the course of the search, the girl and kidnapper were found riding on a motorcycle near Humhama and going in suspicious conditions towards Airport.

The prosecution said that subsequently they were apprehended and brought to Police post Humhama. The motorcycle, Air tickets of the accused and prosecutrix ( minor girl) from Srinagar to Delhi were seized.