Adv Masoodi Appears As Amicus Curiae After Defence Counsel Refused To ‘Argue’
Srinagar, May 31: Srinagar Court on Wednesday sentenced a man to ten years imprisonment in a case related to the rape of a minor girl from Soura area of Srinagar in 2012, observing it a crime against the society.
The convict in the open court submitted that his previous counsel has refused to appear on his behalf today. Subsequently, Advocate Aamir Masoodi (Amicus-curiae) appeared on behalf of accused as defence counsel and made arguments on the quantum of punishment.
After hearing assistant additional prosecutor (APP) Farooq Ahmad Malik and defence counsel advocate Masoodi, the Court of Second Additional Sessions Judge Srinagar presided over by Renu Dogra Gupta observed that prosecution has fully established the accused guilt beyond reasonable doubt on the basis of clear and cogent evidences.
“Keeping in mind all aggravating circumstances as stated by APP Mailk and mitigating circumstances as mentioned by the convict in his affidavit filed before this court as well stated by defence Counsel during his arguments and law laid down by the Supreme Court on the subject, the quantum of punishment is to be determined,” court observed.
“Upon consideration I am of the considered view that the aggravating circumstances overweigh the mitigating circumstances. Having regard to the totality of the circumstances including the fact that the offence has been committed with the minor girl, I am of the considered opinion that 10 years of imprisonment with fine is an adequate punishment for accused in the instant case,” the court said.
“Accordingly, I sentence 10 years of rigorous imprisonment and fine of Rs. 25,000 to the Convict Irshad Ahmad Malik of Ahlan Gadwak Kokernag Anantnag at present Anchar Soura for the commission of the offence,” court added.
It added that in case of default in payment of fine, the accused shall further undergo simple imprisonment for a period of 6 months.
Earlier, submitting arguments to seek life imprisonment for the convict, APP Malik pleaded the minor girl of less than 14 years was raped by convict resulting into her pregnancy without showing any kind of humanity or without any kind of mercy towards the helpless minor girl.
He further contended that minor girl though had tried to resist the brutal act of the convict but she was gagged by the accused and given her threat not to disclose the same to anyone.
The APP Malik pleaded that the convict deserves no mercy as he has not shown any mercy on the minor helpless girl.
The defence counsel advocate Masoodi on the other hand has argued that Convict is aged 40 years and is the sole bread earner for his family including his wife and two minor children and due to his conviction they would be put to starvation.
“The convict has already serve detention of more than one year and now the sentence awarded to him is punishment to family members including the minor children as there is no one who can maintain them and provide them the necessities of their life,” he pleaded.
Advocate Masoodi It is vehemently argued that as the case is based on sole testimony of the prosecutrix and there has been unexplained delay of more than 4 months in registering the FIR, “therefore there are mitigating circumstances in favour of convict as such need is for awarding lesser punishment of imprisonment for life.”