Bangalore: High Court reduces quantum of punishment for rapist
Daijiworld Media Network – Bangalore (SP)
Bangalore, Jun 21: The state High Court, while observing that incidents which show lack of respect and responsibility towards society and civilized behavior, and which spoil the health of society, do not deserve any sympathetic treatment, has reduced the quantum of punishment relating to a rapist, who was also found guilty of abetting the victim's suicide in 2011.
Abdul Salim from Maroor near Mangalore had approached the High Court with a petition questioning a judgment delivered by a subordinate court in rape case. The petition was heard by a division bench presided over by Justice K Sridhar Rao.
Ashwini Kumari (15), from Elinje used to commute from her home to Pompei High School every day by a particular bus. Abdul Salim, who worked as conductor of this bus, succeeded in winning over confidence of the girl by talking to her sweetly every day.
On a day when school was closed, he had succeeded in convincing her to come to a place named Bassi in Beltangady taluk. The girl visited the spot in the company of a friend. On some pretext, Salim led the girl into forest region, and raped her, it is said. When Salim was running away, the locals caught hold of him, and handed him over to Moodbidri policemen. The police, who summoned the girl’s parents to the station, sent both Salim and them off after counseling them.
However, the girl, after coming home, was overtaken by a sense of guilt, and committed suicide. Salim was then arrested. The subordinate court, which found Salim guilty of abduction and rape, had sentenced him to seven years of rigorous imprisonment in each of these offences (total 14 years). Salim was also ordered to pay a fine of Rs 50,000 to the parents of the girl.
The petition now preferred was based on contradictions in the post mortem, DNA report, and report of the forensic laboratory. The bench observed that the case suffers from lack of corroborative evidence. Still, it held that Salim had behaved in a way that was against the norms of the society. Finding him guilty, it reduced the imprisonment from 14 years to seven years.
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