Pulwama Jun 10:- Principal District and Sessions Court Pulwama on Friday has upheld and maintained the conviction of accused and has Ordered to Compensation of one lac to Victim
According to CNS While deciding the Criminal Appeal, Abdul Rashid Malik, Principal Sessions Judge Pulwama, upheld and maintained the conviction and sentence of three years rigorous imprisonment and fine of Rs. 5000/- awarded to the appellant Javaid Ahmad Dar Son of Abdul Gani Dar resident of Aghanjipora Awantipora under Section 377 RPC by the Trial Magistrate.
“While upholding the conviction, the Court observed that the Trial Judge is the best judge in the matter of deciding the competence of child witness as the child
appeared before him and the trial Judge had the opportunity to see him, noticed his demeanors, recorded his evidence and thereafter scrutinized and accepted the same.
The Trial Magistrate has taken pains to make the child comfortable at the time of his examination and the preliminary questions asked by the Magistrate have been responded by the child in a responsible and prudent way and the answers sufficiently suggest that the child gave rationale answers and had the capacity to understand the importance of oath.
The Court observed that delay in lodging the First Information Report cannot be used as 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. 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. On the other hand, satisfactory explanation of the delay is weighty enough
Meanwhile, Court further ordered compensation of Rs.1.00 lac in favour of the victim under J&K Victim Compensation Scheme 2013 which was in force at the time of incident.
Pertinently, on 13.12.2010, the complainant lodged a written report at police station Awantipora to the effect that on 10.12.2010 the victim a minor child was taken by the accused namely Javid Ahmad Dar who resides in the same village to some unknown place on a cycle and subjected to unnatural act by the accused and thereafter was left by the accused outside the village. 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.
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