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Murder accused sr citizen jailed for raping minor
A 68-year-old man, facing trial in a murder case 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.
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 chores. 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.
PTI
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 chores. 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.
PTI