STATE TIMES NEWS JAMMU: While upholding imprisonment of seven years to accused Subash Chander in a rape case, Justice Sanjay Dhar observed that evidence on record and having regard to sterling quality of statement of the prosecutrix, wherein she has consistently supported prosecution case coupled with the corroborative medical evidence and statement of the mother of the prosecutrix, this Court is not persuaded to take a view different from the one taken by the trial court. The view taken by the trial court is well reasoned and based on correct appreciation of evidence on record. Thus, the impugned judgment does not call for any interference from this Court, observed Justice Sanjay Dhar. As per case, on May 4, 2011 the prosecutrix (name withheld) accompanied with her mother submitted a written report in police station alleging that on May 4, 2011 at 6-7 PM, when she was going to her land for bringing back cattle to house, the accused namely Subash Chander, son of Durga Dass, resident of Chappanu, who was hiding himself, forcibly hold her and dragged to bushes and raped her. The accused ran away from spot after the crime. Principal Sessions Judge Reasi S R Gandhi, after hearing Public Prosecutor Rashi Baru for state whereas Adv P D Singh for accused, observed that this court has come across the rape cases including instant case wherein Panchayat has tried to settle and hush-up the case at village level, thereby usurping the judicial powers. In this case, Panchayat had settled the case with condition that accused shall bear expenses for marriage of prosecutrix. “It is no part of their function to take cognizance of cases, which involves moral turpitude; grave offences like rape etc. as such offences are not restricted to two individuals. It may send wrong signal to society and may adversely affect it. Rather it amounts to interference in administration of justice. Such practice needs to be curbed by taking remedial steps by the concern. It would be welcome step in case the village Panchyats could make endeavour to settle the compoundable cases at their level,” observed the Court and ordered that Subhash Chander shall undergo rigorous imprisonment for seven years and a fine of Rs.10,000. Against judgment of trial Court, present appeal was filed, which was also rejected.
