A fast track court in Jammu sentenced the main culprit in the 2014 kidnapping and rape of a 10th standard minor girl to eight years in prison and a fine of Rs 50000 on Tuesday
The main culprit, Gharu Ram alias Bittu son of Thoru Ram of Tikri Rakwala Jammu, was also sentenced to simple imprisonment for two years and a fine of Rs 10,000 by the Fast Track Court, which was presided over by Khalil Choudhary. For the commission of an offence under section 452 RPC (home trespass), the convict was further sentenced to one year of simple imprisonment and a fine of Rs 5000. These sentences, however, have been ordered to run in parallel.In the event that the fines are not paid, the court ruled that the offender be imprisoned for two months under section 376 (1) RPC (rape), one and a half months under section 363 RPC, and one month under section 452 RPC.
Sunil Kumar alias Kokar, son of Rattan Lal of Dhai Chak Gho Manhasa, was sentenced to four months in prison and a punishment of Rs. 10,000 for committing the offence under section 363/109 RPC. The court's order states, "In lack of payment of fine, convict must incur further incarceration for a period of fifteen days in offence u/s 363/109 RPC."
The court also ruled that the offenders' time spent in custody throughout the investigation and trial of the case be deducted from their sentence.
"It is not only the Court's responsibility, but also its social and legal obligations to impose suitable punishment according to law, taking into account not only the crime, but also the criminal," the court noted, adding, "Furthermore, deterrent and reformation are fundamentally societal purposes." It is the court's responsibility to impose an appropriate sentence, because one of the purposes of the required penalty is to protect society and to provide a reasonable response to its collectively concise."
According to the prosecution, the 15-year-old student was returning home on the tragic day when Bittu and Kokar, the accused, grabbed her and forced her into a red Maruti car. They later drove her to an undisclosed location off Gho Manhasan Road. Police filed a FIR –18/2014— at Police Station Domana Jammu after receiving a complaint from the victim's family. The girl was found in a jungle region, and the accused was eventually apprehended by authorities.
Police determined that offences under RPC sections 376 (rape), 363 (kidnapping), and 452 (house-trespass) were committed, while offences under RPC sections 363 (kidnapping) and 109 (theft) were committed (abetment of offence). Following that, on March 15, 2014, a charge sheet was filed against the accused parties, which was then committed to the Court of Principal Sessions Judge, Jammu. The case was then transferred to the Court of 3rd Additional Sessions Judge Jammu on April 12, 2014, and then to a fast track court for rape crimes on May 25, 2021.
After hearing both sides, the Fast Track Court condemned the accused on Monday (May 23, 2022), stating that the evidence on record "unerringly points to the accused's guilt."