Handwara Court Convicts Man for Sexual Assault of Minor Girl, Sentences Him To 10 Years Rigorous Imprisonment

Wattan Daily-The Additional Sessions Court in Handwara has convicted a man for sexually assaulting a minor girl and sentenced him to 10 years of rigorous imprisonment, along with a fine of Rs. 50,000.

During the sentencing, the court cited the words of Additional Sessions Judge Umi Kulsoom, who highlighted the profound impact of sexual assault on victims, stating, “when a woman is ravished, what is inflicted is not merely physical injury but the deep sense of some deathless shame.”

The defense counsel, Advocate Abdul Majeed, argued on behalf of the convict, emphasizing his young age of 26, his poor socioeconomic background, and the absence of prior criminal history.

However, the Assistant Public Prosecutor, Tahseem Bashir Balti, pressed for maximum punishment given the gravity of the offense.

The court emphasized the role of criminal law in protecting society and deterring criminal behavior, stating that appropriate sentences should be based on factors such as the nature of the crime, motive, and conduct of the accused.

Regarding sentencing guidelines for child sexual abuse cases, the court noted that the normal sentence for rape of a child under sixteen is not less than 10 years of rigorous imprisonment, with exceptions only for “special and adequate reasons.”

The victim, who was 13 years and 4 months old at the time of the offense, was described as a helpless child who will bear the burden of the crime for the rest of her life.

The court highlighted the long-lasting emotional and mental scars inflicted upon the victim, emphasizing that the impact of sexual assault extends far beyond physical injury.

Furthermore, the court rejected any notion of showing mercy in cases of child sexual abuse, emphasizing the need for a strong judicial response to protect human rights and uphold the dignity of victims.

In determining the sentence, the court considered the totality of the facts and sentenced the convict to 10 years of rigorous imprisonment, along with a fine of Rs. 50,000.

Additionally, the convict was ordered to pay compensation of Rs. 50,000 to the victim, with a further six months of simple imprisonment in case of default.

The court also specified that any period already served by the convict during the trial would be taken into account as part of the sentence.(WD)