New Delhi: A 68-year-old man, facing trial in
a murder case in a Meerut court and held guilty by a court
here for raping a minor for over five months after abducting
her, has been sentenced to five years in jail -- two years
less than the minimum seven-year term prescribed for a rapist.
Additional Sessions Judge Virender Kumar Goyal showed
leniency to Baghpat resident Anwar as he suffered from bone
tuberculosis and backbone cancer, besides his utter poverty
amid the responsibility to look after his 95-year-old mother
and his six children, including a blind one.
The court sentenced Anwar to five years in jail while
setting off the part of his sentence against four years and 11
months of imprisonment already undergone by him as undertrial.
"After considering the facts and circumstances and the
fact that convict Anwar remained in custody for the last about
four years and 11 months and he was suffering from incurable
diseases of backbone cancer and tuberculosis and also his age
and family circumstances, I am of the opinion that there are
adequate and special reasons to impose a sentence for a term
less than seven years," the court said.
"Accordingly, a sentence of five years simple
imprisonment is imposed," the court added, while also fining
him Rs 25,000, which, if recovered, would go to the victim.
Seeking leniency for Anwar, amicus curiae Sadhna Bhatia
submitted he has six children out of whom one was blind and
Anwar was suffering from incurable diseases. His wife, who too
was an accused in the case, died five years back and he has to
take care of his 95-year-old mother also, she said.
She also showed to the court several photographs showing
Anwar in a bed-ridden condition, unable to do his natural
As per prosecution, Anwar, who was also facing trial in a
murder case in Meerut, had abducted the minor girl from Narela
railway station in North West Delhi on March 31, 2003, and had
taken her to Baghpat in Uttar Pradesh.
He confined her there at his house, forcing her to do all
his household works, besides raping her for over five months.
The victim told the court that she was beaten by Anwar
and his wife and was also forced to convert to Islam.
The girl managed to run away from Anwar`s house on August
30, 2003, when he and his wife had gone out. Anwar was
arrested on October 9, 2003.
The court rejected his contention as to why the victim
did not raise any alarm for such a long time.
"Neither she (victim) was provided proper food nor she
was allowed to go alone outside the house but remained under
the surveillance of other accused persons who are proclaimed
offenders and accused Anwar used to commit rape on her against
her will and without her consent," the judge said.