Srinagar, June 10: A court in Pulwama district on Friday upheld three years rigorous imprisonment and fine of Rs. 5000 awarded to a convict for ‘unnatural offence’ with a minor child in the south Kashmir district in December 2010.
While deciding the Criminal Appeal, Abdul Rashid Malik, Principal Sessions Judge Pulwama, upheld and maintained the conviction and sentence against the convict, Javaid Ahmad under Section 377 RPC by the Trial Magistrate.
On 13 December 2010, the complainant lodged a written report at police station Awantipora to the effect that on 10 December 2010 the victim, a minor child, was taken by the convict to some unknown place on a cycle and subjected him to unnatural act. The victim did not disclose the incident to his family however after some days when be experienced pain while passing stool, his mother took him to the doctor where the victim revealed the whole incident to which he was subjected by the accused.
“While upholding the conviction, the Court observed that delay in lodging the First Information Report per se is not a mitigating circumstance for the accused (now convict) when accusations like the one in the case are involved.”
The court said the delay in lodging the First Information Report cannot be used as a ritualistic formula for discarding prosecution case and doubting its authenticity.
“It only puts the court on guard to search for and consider if any explanation has been offered for the delay. Once it is offered, the Court is to see whether it is satisfactory or not,” the court said underlining that in case, if the prosecution fails to satisfactorily explain the delay and there is possibility of embellishment or exaggeration in the prosecution version on account of such delay, it is a relevant factor. The court also underlined that victim’s plight cannot be ignored.
The Court ordered compensation of Rs.1.00 lakh in favour of the victim under J&K Victim Compensation Scheme 2013 which was in force at the time of incident. gns