Court awards lifer to first cousin in rape case

REASI, JUN 30: Principal Sessions Judge Reasi, S R Gandhi while deciding a rape case within short span of 9 months awarded life-imprisonment to Sandeep Kumar who raped his minor first cousin.
According to the prosecution when the prosecutrix was on her way to her house from school, the accused Sandeep Gupta who is her first cousin met her at Nag Devta Temple situated near the Nallah at Sarmega. He caught hold and give threat of her life. Thereafter, the accused took her towards the bushes and raped her which led to pregnancy. Because of threat extended by the accused, she did not disclose the incident to her family. The accused raped her 4 to 5 times. After a lapse of 4-5 months when she felt pain in her stomach, she complained to her mother. She was taken to the hospital and upon medical examination her pregnancy was diagnosed. An FIR 132/2017 for the offences under Sections 376/506 RPC was registered.
Principal Sessions Judge Reasi S R Gandhi after hearing Public Prosecutor, Rashi Baru for the State and Advocate Rajneesh Singh for the accused observed that child rape is the worst kind of crime as it involves perverse lust for sex. Children are the country’s future and hope of tomorrow rests on them. The convict is the first cousin of the victim who was found aged between 10 to 11 years. She was repeatedly raped by the convict which led to her pregnancy and finally she delivered a child during the pendency of the trial. The convict abused the trust and confidence reposed upon him. The crime committed against the victim has far reaching consequences as it brings about untold miseries on the survivor of rape. She lost education, childhood, respect in the family and society in which she lived. She has to carry the burden of illegitimate child who would always remain a stumbling block in her life. It is not a case where the prosecutrix is the only victim rather a victim has given birth to another victim. The child born of rape is generally regarded with disdain by the society and has to face great social stigma. No doubt the victim of rape is entitled to compensation and the same stands already recommended during trial but in the considered view of the court the child born out of the rape is also a victim and thus, entitled to compensation. The Prosecutrix if so advised can approach the Chairman District Legal Services Authority for the compensation to the child. With these observations the Principal Sessions Judge Reasi, S R Gandhi ordered that the convict Sandeep Kumar, S/o Prem Nath, R/o Village Sarmega, Tehsil Bhomag, District Reasi shall undergo imprisonment for life for the commission of offence under Section 376 of the RPC and a fine of R10,000. For the offence under Section 341 RPC the convict shall suffer imprisonment for 6 months and for the offence under Section 506 RPC convict shall further undergo imprisonment for 6 months. All the sentences shall run concurrently. JNF