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Convict deserves no leniency: Court judgment

The convict was sentenced to a rigorous imprisonment of 20 years. The Judge imposed a fine of Rs. 2 lakh. The fine shall be payable to the victim as compensation

Written by Swati Mahajan | Chandigarh |
December 17, 2016 5:26:50 am
rape, chandigarh rape, rape accused, news, latest news, chandigarh news, india news, national news The decade-long trauma that the victim went through was elaborated in the 33-page judgment pronounced by the local court on Wednesday.

A lone woman who came to Chandigarh in 2003 to earn a living for herself and her mother was raped in 2006. The accused – a police constable – used his influence so that the victim could not get a case registered against him for five years, until she approached the court of law. It was only in the year 2011 that on the court’s directions a case was registered on her complaint and the trial against accused Avtar Singh commenced. The decade-long trauma that the victim went through was elaborated in the 33-page judgment pronounced by the local court on Wednesday.

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Additional Sessions Judge Anshu Shukla convicted Avtar Singh of rape, showing no signs of any leniency towards him and sentenced him to a rigorous imprisonment of 20 years. The Judge also imposed a fine of Rs. 2 lakh on the convict. The fine shall be payable to the victim as compensation.

While recording reasons in the judgment for awarding an exemplary punishment to the convict, the Judge held, “The convict has committed rape on the prosecutrix alongwith his accomplices which needs a stringent and exemplary punishment to keep the person of his ilk deterred from committing such heinous and horrific crime of rape and never letting him take undue advantage of a woman’s chastity and defiling and sacrileging her honour, dignity and esteem. The nature, extent and gravity of the crime are such that the convict deserves no leniency”.

Relying on the victim’s allegations, the court held, “The incontrovertible proofs put on record bear ample testimony to the genuineness and truthfulness of the allegations levelled by the prosecutrix against the accused and she deserves all the sympathy and empathy of this court for the torments, tortures, anguish and agony she underwent during the said period for no fault of her own and this court will not let her down and go disappointed and frustrated but uphold the honour, dignity and esteem of law and deliver the goods to serve the ends of justice.”

Holding the accused Avtar Singh guilty of the crime, the court held, “The accused cannot deny the intimacy which he had with the prosecutrix according to his statement on the record that the prosecutrix had proposed to him for marriage. This very statement of the accused goes against him as no stranger or unknown lady can forward a proposal for her marriage to an unknown person. Moreover, accused’s and his father’s employment in the police department brings to the fore their sway they hold over the police officials who spared no pains to defend him and his cause by taking no notice of the complaints of the prosecutrix even when she had round after round of the police station to get her complaint against the accused registered.”

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