Srinagar: The Jammu and Kashmir High Court has upheld conviction and three years’ imprisonment and fine to a person from Sumbal in Bandipora district for unnatural act committed in May 2002.
The trail court had convicted and sentenced one Feroz Ahmad Khan for the unnatural act and subsequently it was upheld Principal Sessions Judge Bandipora on 24 Junelast year. Khan a resident of Sumbal moved high court by filing a revision petition against the Sessions Court’s verdict.
“I am not impressed by the mitigating circumstances pointed out by (Khan’s) counsel for reduction of the sentence. The victim in the instant case was minor who was subjected to inhuman act by (Khan) taking the benefit of his tender age. Such incidents severely affect the psyche of a child and hounds him for the rest of life,” a bench of Justice Sajeev Kumar said, observing that perpetrator of such crime deserves no leniency.
“In the instant case, both the Courts below have not found any ambiguity, be it with regard to the place of occurrence, the timing of occurrence or the timing of lodging of the FIR etc. As such, non examination of the Investigating officer in this case where the offence had been demonstratively proved to have been committed by the petitioner, cannot be held to be fatal to the prosecution,” the court said and dismissed Khan’s plea.
Case
The case was registered on a complaint filed by father of a minor with Police Post Hajam that his son ( (name withheld ) aged 8 years was taken by Khan to his house where he committed an unnatural act with him. Based upon the complaint, the Police Station, Sumbal registers a formal FIR and investigation was set in motion which culminated into filing of charge sheet against Khan who was granted bail on 10 June 2002 after remaining under police detention for fortnight. Subsequently, trial was carried and Khan was found guilty of commission of crime under Section 377 Cr PC and convicted accordingly. Khan was awarded the sentence of simple imprisonment for three years along with fine of Rs. 5,000 payable to the victim. In case of default of fine, Khan was ordered to further undergo simple imprisonment for three months.
