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Court award seven years imprisonment in kidnapping case

JAMMU, jan. 11: Presiding Officer Fast Track Court Jammu Haq Nawaz Zargar today awarded seven years imprisonment to Mohd Arif, S/o Abdul Gafoor, R/o Gursai, Mendhar, District Poonch.

Court also directed state to pay a compensation of Rs. 1.00 Lakh will be a just and reasonable amount for providing financial assistance to the victim.


According to the police case that the victim ( name withheld) , who was serving at Delhi US Staffing Company in notified Sector 63  had come on 06.11.2014 by train to Jammu for onward journey to pay obeisance at Shri Mata Vaishno Devi ji. After paying obeisance on 07.11.2014, she had came back to Katra on 08.11.2014 and boarded the bus at 10.00 pm for Jammu. Victim reached Jammu at about 11.30 pm , after deboarding from the said bus at K.C. crossing, while she was waiting for an auto, in the meanwhile, accused who was driving tempo bearing number JK12/4492 had come there and asked her as to where she wanted to go. The victim told the accused that she wants to go to Raghu Nath temple, accused demanded Rs. 100/- as fare from her, which she agreed to pay. The victim boarded the said tempo. The moment the tempo had crossed Indira Chowk, the driver of the tempo accelerated the speed of tempo and crossed the Samrat hotel, the victim on seeing this asked the accused as to where he was taking her, either to stop the tempo or take her to Raghu Nath temple, however the tempo driver did not pay any heed and instead of stopping the tempo, he accelerated the speed and with a criminal intention to commit rape with her, took her to a forest. She raised hue and cry, however, the tempo driver did not stop and told her that later on he will drop her at Raghu Nath temple. On noticing the bad intention of the driver, she opened GPS of her mobile and found that she was in the area of Momaya temple, in the meanwhile, the accused had stopped the tempo, switched off the lights. She had dialed 100 number of PCR, the accused driver came to the back seat, where the victim was sitting and tried to gag her mouth and also tried to forcibly commit rape on her, she was repeatedly calling PCR, probably the phone had got connected . On hearing the voice of police personnel on phone, the accused left her, and fled away from the spot alongwith tempo. Police came on the spot and she narrated the entire story to the police. After half an hour, police upon identification, apprehended the accused alongwith the tempo, accordingly FIR  No. 73/2014 for the offences under section 366/376/511 RPC was registered against the accused and investigation commenced. The site of occurrence was visited, on the identification of the victim, site plan was prepared. Statements of the witnesses under section 161 Cr.P.C as well as  the statement of  the victim under section 164-A Cr.P.C was recorded. After the investigation of the case, the aforesaid offences punishable under sections 366/376/511RPC have been made out against the accused.

Presiding Officer Fast Track Court Jammu Haq Nawaz Zargar after hearing Additional Public Prosecutor Surekha Bhat for the state observed that keeping in view the family background of the convict, ends of justice would be meted out, in case convict namely Mohd Arif is sentenced to undergo simple imprisonment for five years and to pay fine of Rs 1000/- for the commission of offence under section 366 RPC. In default of payment of fine, he shall further undergo simple imprisonment for three months. He shall further sentenced to undergo simple imprisonment for a period of two year  and to pay fine of Rs. 1000/- for commission of offence under section 354 RPC. In default of payment of fine, he shall further undergo simple imprisonment for two months. The fine, if deposited by the convict shall be paid to the victim. All the sentences shall run concurrently. 


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