Srinagar, Apr 24: A court in north Kashmir’s Kupwara district convicted a man in a 2014 sexual assault case involving a minor boy and sentenced him to imprisonment, concluding a trial that lasted nearly a decade.
The Judicial Magistrate First Class Mansoor Ahmad Mir in Tangdhar convicted Mohammad Rafiq Khawaja under Sections 377 (unnatural offences) and 341 (wrongful restraint) of the Ranbir Penal Code in a case registered at Police Station Karnah.
In its order, the court said the accused shall undergo simple imprisonment for one year and pay a fine of Rs 3,000 under Section 377 RPC. He was further sentenced to 10 days’ simple imprisonment and a fine of Rs 300 under Section 341 RPC. In default of payment of fine, he shall undergo further simple imprisonment for one month. All sentences shall run concurrently, and the period of detention already undergone during investigation and trial will be set off against the sentence.
The court also directed that the accused be taken into custody and lodged in Sub Jail Kupwara to serve the sentence, and that a warrant of imprisonment be prepared. The personal and surety bonds furnished by the accused were cancelled.
According to the prosecution, the incident occurred in August 2014 when the accused intercepted the minor on his way home, wrongfully restrained him and forcibly dragged him into a maize field, where he sexually assaulted him. The assault came to light when a local resident, alerted by the victim’s cries, rushed to the spot, prompting the accused to flee.
The victim later informed his family and was taken for medical examination, following which police registered a case and initiated an investigation. Authorities inspected the site, recorded statements of witnesses and collected medical and other evidence before filing a chargesheet.
During the trial, the prosecution examined the victim, his family members, an eyewitness, the investigating officer and medical experts. The court found the victim’s testimony consistent and reliable, noting that it withstood cross-examination.
The eyewitness account corroborated the victim’s version regarding the presence of the accused and the circumstances in which he fled. Medical evidence indicated injuries consistent with sexual assault, with the court observing that the absence of certain forensic indicators did not weaken the case.
The defence argued that the case was fabricated due to prior enmity and pointed to alleged contradictions, delay in lodging the FIR and lapses in investigation. The court held that the discrepancies were minor and did not affect the core of the prosecution’s case, adding that delay in reporting such offences is not uncommon.
Appearing for the prosecution, Prosecuting Officer Jan Mohammad Wani argued for stringent punishment, while the defence sought leniency, including probation, which the court declined.
On the issue of compensation, the court directed the Secretary, District Legal Services Authority Kupwara, to treat the judgment as a recommendation and process the victim’s claim in accordance with law.
