Srinagar Court sentences man to 14- year jail in minor’s assault case

Srinagar, Jan 16: A Fast Track Court for POCSO cases here Friday sentenced a man to 14 years’ simple imprisonment for sexual assault on a minor, even as it awarded Rs 5 lakh as victim compensation for the survivor’s rehabilitation.

Court for POCSO cases Srinagar presided over by Umi Kulsoom awarded the sentence on the 25-year-old S Ali Sheikh of Srinagar following his conviction under Section 4 of the POCSO Act and Sections 363 and 376 of the IPC on December 30. It also imposed a fine Rs 15,000 on the convict.

In its decision on quantum of punishment, the court awarded Sheikh 14 years of sentence under POCSO, 10 years under Section 376 (rape) of IPC, and seven years under Section 363 (kidnapping) of IPC.

While the court ordered that all sentences would run concurrently, it said: “In default of payment of the fine, the convict will undergo three months’ additional imprisonment”. The period already spent in custody will be set off under Section 428 CrPC, the court said.

According to the prosecution, the case originated from a report by the victim’s father in April 2019 that his 17-year-old- daughter was missing. Police later recovered the minor from the custody of the accused at Fateh Kadal here.

Following FSL and medical opinions, charges under POCSO and 376 IPC were added.

In its arguments, the defence sought leniency citing the convict’s young age and lack of prior criminal record while the prosecution urged for stringent punishment, emphasizing the deterrent intent of the POCSO Act and the lasting impact of such crimes on children.

The court held that the aggravating circumstances outweighed the mitigating factors, warranting a sentence above the minimum but below the maximum.

While the court said that the victim had already received Rs 2 lakh as interim compensation, it ordered final compensation of Rs 5 lakh for her rehabilitation. It directed the District Legal Services Authority Srinagar to process the release of compensation through the State Legal Services Authority, J&K.