SRINAGAR: Observing “when a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame”, Additional Sessions Court Handwara on Wednesday convicted an accused in a sexual assault case on a minor and sentenced him to ten years imprisonment besides levying on him a fine in tune of rupees fifty thousand.

As per an order by Additional Sessions Judge, Handwara, Umi Kulsoom, a copy of which lies with GNS, the Learned Counsel for convict, Advocate Abdul Majeed, stated that the accused is a young boy of 26 years and is a poor person belonging to a humble background and family, the antecedents of the convict are clear as the convict is not a previous convict nor any criminal case is pending against him.

“The Ld. A.P.P, Tahseem Bashir Balti, stated that given THE facts and circumstances of the case, the convict be awarded maximum punishment.”

“Security of persons and property of the people is an essential function of the State which could be achieved through instrumentality of criminal law. Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentences'. Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. The facts and given circumstances in each case, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature of weapons used and all other attending circumstances are relevant facts which would enter into the area of consideration. Undue sympathy to impose inadequate sentences' would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every Court to award proper sentences' having regard to the nature of the offence and the manner in which it was executed or committed etc”, observed the Court.

“Where a rape is committed on a child below sixteen years of age, the normal sentence which can be awarded is not less than 10 years rigorous imprisonment. The court in exceptional circumstances considering the "special and adequate reasons" may sentence the convict for a period less than 10 years rigorous imprisonment.”

“The victim/prosecutrix was 13 years 4 months and 11 days of age at the time of commission of offence as per the School record. The Prosecutrix/Victim was a helpless child. The convict, who at the time of occurrence was the age of 18 years 3 months and 4 days, shattered the dignity of prosecutrix; she has to bear the burden of the act committed by the convict throughout her life. The physical scar may have healed up, but the mental/emotional scar will always remain. When a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame. Child sexual abuse is a serious and heinous offence against the society and humanity. To show mercy in child sexual abuse case would be a travesty of justice. The socioeconomic status of the convict in child sexual abuse case is not a relevant consideration in awarding punishment. The convict shattered the basic human right of the victim to live with honour and dignity. Judicial response to human rights cannot be blunted by legal jugglery. No special and adequate circumstances exist which may warrant the awarding of sentence less than ten years rigorous imprisonment to the convict,” the order observed. 

While pronouncing the quantum of punishment, the Court said that, “After considering the totality of facts, the convict is sentenced to ten (10) years rigorous imprisonment along with fine of Rs.50,000/- (Rupees Fifty Thousand) and in default of payment of fine, he shall go further six months for simple imprisonment and to pay a compensation of Rs.50,000/- (Rupees Fifty Thousand) to the victim and in default whereof to undergo simple imprisonment for a period of six (6) months. Period already undergone by the convict during trial shall be set off against the sentence awarded. Necessary warrant be drawn up and convict be committed to District Jail Kupwara." (GNS)

SRINAGAR: A girl died after she fell down while collecting firewood in Poonch district, officials said.

They said that the girl namely Sobia Koser daughter of Mohammed Khalid of Patri Chhejlla Mankote fell down while collecting firewood from her agriculture land, and suffered injuries. 

They said the family members brought her to SDH Mendhar for treatment. "However she was declared as brought dead."

More details are awaited. (GNS)

SRINAGAR: A massive rescue operation was launched after 27-Year old person jumped into Dal Lake in Summer capital Srinagar district.

A senior police official told Srinagar based news agency Kashmir Scroll (KS), that they received information that a person had jumped into Dal Lake near Ghat number 01.

He said that a rescue operation has been launched to trace the body He has been identified as Imtiyaz Ahmad resident of Soura aged about 27 years the officer added.(KS)

SRINAGAR: Describing it as “horrific case of vitriolage”, a court here on Thursday convicted two persons for throwing acid on a 20-year-old law student at Nowshera Srinagar on 11 December 2014.

The Principal District and Sessions Court Srinagar Jawad Ahmed held the accused duo—Irshad Ahmad Wani alias Sunny Wazirbagh Srinagar and Muhammad Umar Noor of Bemina Srinagar— guilty of the offence under RPC’s Sections of 326-A (Voluntarily causing grievous hurt by use of acid), 201 (destroying evidence) and 120-B (criminal conspiracy). The court passed the 312-page verdict after considering the arguments by Special Public Prosecutor AA Teli and the defence council.

 “I find that the prosecution has been able to establish the charges against the accused persons beyond any reasonable shadow of doubt. As such, this charge-sheet is accepted and the accused persons namely Irshad Amin Wani  and Mohammed Umer Noor (Accused No.2), are held guilty for the offences punishable under Sections 326-A, 201 &120- B RPC,” the court said in thje verdict, a copy of which lies with GNS. 

The court said that it find "absolutely no material from the defence side to suggest any probable reason for falsely implicating the accused persons in this case.”

 “The established facts, circumstances and the chain of evidence taken cumulatively are so complete and consistent that in all human probabilities the only hypothesis is that the horrendous act of throwing acid on the victim has been committed by the accused No.2 in furtherance of the conspiracy hatched by accused No.1 with accused No.2,” the court said, adding, “The established facts and circumstances do not leave any reasonable ground for the conclusion consistent with the innocence of the accused persons.”

The court is likely to announce the quantum of punishment on Saturday.

Notably, on 11 December 2014, a young law student was grievously injured in the acid attack near Nowshera on the city outskirts while she was on way to her college.

Given the gravity of the offence which sent shock waves across the Valley, a Special Investigation Team, constituted by the then IGP Kashmir A.G. Mir under supervision of then SSP Srinagar Amit Kumar with then SP Rayees Mohammad Bhat (presently DIG South Kashmir) as incharge of SIT, arrested the two persons accused within a fortnight. (GNS)

SRINAGAR: A body of an unknown lady was recovered from Nallah Sindh in Ganderbal district on Wednesday officials said.

They told the news agency Kashmir Scroll that body of unknown lady was recovered from nallah Sindh village in Pathribal near Rayill Gund Ganderbal.

They said that police had taken cognizance and started investigation.(KS)

SRINAGAR: A minor girl died after she fell in a Nallah in Chassana area of Reasi district.

An official told the news agency Kashmir Scroll one girl namely Rashida (02) daughter of Raj Mohd resident of Channa Bagai Tehsil Chassana District Reasi fell in Nallah at Channa Bagai while she was crossing it with her elder sister on Monday evening.

He said that the girl died on spot and body has been recovered. Futher proceedings in this regard have been taken up.(KS)

SRINAGAR: Traffic Police on Friday took action under relevant sections of Motor vehicle Act after a video went viral on social media showing a girl doing dangerous bike stunts in Srinagar. Police also seized the bike of the girl.

The video showed a minor girl performing a dangerous stunt on a Royal Enfield bike on a road in Srinagar.

The girl was called by the traffic police and she was counseled by the Superintendent of Traffic Police.
"Action taken under relevant sections of MV Act. Violator also counseled not to repeat such acts," Traffic Srinagar city tweeted.

Officials said the girl apologized for her action.
After the video went viral, the girl got a call from the Traffic police office and she was asked to report there.
The girl told the police that she uploaded the video two or three days before and after getting a call she deleted it. (UNI)

SRINAGAR: A girl from Ganderpora Eidgah was injured after her scooty skidded off in Kawdara area of Central Kashmir Srinagar district on Tuesday officials said.

They told news agency Kashmir Scroll that a girl named Ayman Rasool daughter of Ghulam Rasool Rather resident of Ganderpora iddgah was injured when her scooty which she was riding skidded off near Kawdara Chowk of downtown area today morning.

They said that she was rushed to SMHS hospital srinagar for treatment and her condition is said to be critical. Meanwhile, police have taken cognizance in this regard.[KS]

SRINAGAR: A 16 year old girl was electrocuted to death in hyhama area of North Kashmir’s Kupwara district on Tuesday evening.

An official told news agency, Kashmir Scroll that Rubeena Bano daughter of Bashir Ahmad Wani resident of Shartpora Hyhama received electric at her home today.

He said soon after she was rushed to a nearby hospital where she was declared dead on arrival. Meanwhile, police have taken cognizance of the incident and further investigation has been taken up. (KS)

SRINAGAR: A vehicle crushed a girl to death in Pattan town of North Kashmir’s Baramulla district on Wednesday, police said.

They said that a vehicle hit a 19-year-old girl who was critically injured while on her way to the Trauma Hospital Pattan she succumbed to her injuries.

The incident occurred near TCP Palhalan on the Srinagar-Baramulla highway. Police said that a case has been registered in this regard.

The victim has been identified as Insha Jan, a resident of Nillah Palhalan village. (KNT)

SRINAGAR: A girl from Tangdhar was injured in a road accident in Tangdhar area of North Kashmir Kupwara district on Wednesday late evening. An official said that the IGNIS vehicle bearing registration number of JK 09C 5995 while onway from Kupwara to Tangdhar went out of control of the driver at upper Nachiyan and struck with a rock. In the incident a girl namely Asma Iqbal Daughter of Mohammad Iqbal Lohar resident of Tangdar got injured. He said Injured has been shifted to SDH Tangdar for treatment where from referred to DH Handwara. Meanwhile police have taken cognizance of the incident and started investigation. (KS)