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Court finds Bandipora cleric guilty of sodomy, sentences him to 3-years in jail

INS Desk by INS Desk
September 29, 2018
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Accused can’t be punished on moral conviction or suspicion: HC 
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Srinagar: Court of Judicial Magistrate 1st Class Sumbal Bandipora on Saturday found a cleric guilty of unnatural sex with a child more than seven years back at Dar-ul-Uloom Naidkhai in the north Kashmir district and sentenced him to three years in jail.
Announcing the judgment, Judicial Magistrate 1st Class Sumbal Manzoor Hussain also imposed Rs 5000 on convicted cleric, Ishfaq Hussain Dar, a resident of Lank Rasipora Bandipora.
The charge sheet culminating into the conviction of the cleric was filed by police following investigation of an FIR filed on a written complaint by the child’s father on 24 August 2011 that his minor son was subjected to sodomy by the cleric in the seminary.
“In view of the facts, reasons and circumstances of the case and on appreciation and evaluation of the evidence this court arrives at the conclusion that the prosecution has succeeded in proving the guilt of the accused for the commission of crime of sodomy with the victim child on 23/08/2011 at Dar-ul-Uloom Naidkhai,” the court said, “Therefore, the accused being found to be guilty for the commission of offence U/S 377 RPC is convicted and punished with simple imprisonment for three years and fine of Rs. 5000/-payable to the victim.”
In default of payment of fine, the court said that the cleric shall further undergo simple imprisonment for three months.
The court directed the police in to take the cleric into custody in open court and directed that he be sent to District Jail Baramulla with the aid and assistance of SHO police station Sumbal for lodgment along with separate warrant of commitment, wherein authorizing and requiring the Superintendent District Jail Barmaulla for receiving him in the jail and carrying the sentence into execution according to law.

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