A local court on Monday sentenced a teacher, accused of raping a 9th class student, to 10 years of rigorous imprisonment.The Second Additional District and Sessions Judge Srinagar Sham Lal Lalhal convicted Pervaiz Ahmad Dar of New Colony Old Barzulla for raping the minor student after prosecution proved the accused guilty on February 26 and announced the quantum of punishment on Monday.
“Under section 376 (1) RPC the accused/convict is sentenced to rigorous imprisonment for 10 years and (he) shall pay a fine of Rs 25000, and in default in the payment of the fine, the convict shall undergo further rigorous imprisonment of six months in addition to the substantive sentence of 10 years rigorous imprisonment,” reads the order.
“Under section 342 (wrongful confinement) of RPC, the accused/convict is sentenced to rigorous imprisonment for one year and shall pay a fine of Rs 500 and in default in payment of fine, the accused shall undergo further rigorous imprisonment of seven days in addition to the substantive sentence of one year rigorous imprisonment,” it reads.
“Under Section 506 part II of RPC, the accused/convict is sentenced to rigorous imprisonment for a period of two years and to pay a fine of Rs 500 and in default in payment of fine, the accused shall undergo further rigorous imprisonment of seven days in addition to the substantive sentence of two year rigorous imprisonment,” it adds.
The court however ruled that all the sentences imposed on the convict shall run concurrently. It further said the whole amount of fine to be paid by the convict shall be paid to the victim.
The court announced the order of sentence after hearing public prosecutor Advocate Jahan Ara Shah and defense counsel Advocate Mushtaq Ahmad Dar on the quantum of punishment.
“In the present case though the accused is a young man having no criminal background and he is the only male earning member of his family having aged and ailing parents and a small baby girl, he has at the same time committed the rape with an innocent and helpless student of 9th standard,” the court said.
“The offence committed by the convict was not merely a physical assault on the prosecutrix (victim), but it is restrictive of the whole personality of the victim because by his act the convict has degraded the very soul of prosecutrix,” it adds.
The court said that the courts are under obligation to properly (follow) the sentencing system by keeping in view the honour, prestige, paucity and sanctity of the victims of sexual assault.
Earlier, the public prosecutor Advocate Jahan Ara while pleading for stern punishment to the convict told the court that accused has committed a heinous offence of rape upon a minor girl and due to his sexual assault a great stigma has been attached to the victim and “she will not be able to show her face in the society.”
Advocate Ara also argued that the victim has not only suffered mental trauma, but her whole future and life has been “ruined and spoiled and therefore maximum punishment of life imprisonment be imposed on the convict.”
BRIEF HISTORY OF THE CASE
In December 2013, the victim’s brother lodged a complaint in Police Station Sadder alleging that his sister (14-year-old then) was raped by her tutor Pervaiz Ahmad Dar of New Colony Old Barzulla. The accused Dar had also threatened the victim to not disclose the matter to anyone. Dar was arrested by police soon after the victim’s brother filed the police complaint. A case (FIR No. 242/2013) was registered in the police station and the cops immediately wrote a letter to the authorities of Lal Ded Hospital here for providing medical treatment to the victim.
Subsequently, police after recording statement of witnesses and obtaining medical certificate, presented a charge-sheet against Dar under relevant criminal sections of RPC.
On 20 February 2014, while the court framed charges against Dar, he denied the allegations and claimed to be tried. The prosecution was directed to lead evidence against the accused.
During trial it was established that the victim had taken Rs 2000 from her mother to pay an installment of tuition fee to the accused tutor. It was established during trial that the student handed over fee to the accused. As the girl tried to come out of the house after paying fee, she found that Dar had bolted the main door from outside, entered through kitchen door, caught the minor student and committed rape.
