Shillong, Sept 7: The Meghalaya High Court has upheld the judgment and order passed by a trial court which convicted a rape accused to 10 years rigorous imprisonment.
The judgement passed on Friday by the division bench which comprised of the Chief Justice Mohammad Yaqoob Mir and Justice SR Sen, also directed that maximum compensation should be paid to the victim.
“While going through the statements of the prosecution witnesses and also of the defence witnesses as recorded during trial by the learned Trial Court, we found that the learned Trial Court has meticulously appreciated the evidence of all the witnesses and has rightly drawn the conclusions. No infirmity, irregularity or illegality is noticed in the judgment impugned. Sentence awarded is also appropriate. Therefore, both the judgment impugned as well as the order awarding sentences being in conformity with law are upheld.â€
The bench has also directed the Chairman, District Legal Services Authority to ascertain from the record as to whether the victim has been paid any compensation in accordance with the victim compensation scheme, and if not, maximum compensation permissible in accordance with the scheme shall be paid to the victim.
On March 24, last year, the Additional Judge, District Council Court, Shillong in its judgment convicted the accused, Joken Kharsati under Sections 376 (2) (f) and 506 IPC.
The hearing regarding the quantum of sentence, was passed by the trial court on April 5, 2017 which sentenced the convict to 10 years rigorous imprisonment with a fine of Rs.10,000 under Section 376 (2) (f) IPC.
The bench further observed that humanity feels ashamed when it is noticed that a woman folk had been scandalized.
“Woman, a grandmother, mother, sister and daughter what a sweetest words, full with affection, but subjected to unforeseen situation. A person who did not spare a “tiny tot†not knowing what ravishing means, a small flower yet to bloom, can such a person, who tarnished, ravished and brutalized a female baby of 7 years of age, be a human being? Even an animal will feel ashamed of such a person. There is no scope for getting swayed by sentiments but the observations made hereinabove and concern shown is only after conclusions are drawn as to what had happened to a young girl. The accused who has committed such a dastardly act, has made the life of a young girl hell, does not deserve any concession,†the court said.
