SRINAGAR: A court in Kupwara district of Jammu and Kashmir has convicted a man in connection with a 2014 case involving the sexual assault of a minor boy. The conviction comes after a trial that spanned nearly a decade, concluding with a sentencing that includes imprisonment and a fine.
The Chenab Times has learned that the Judicial Magistrate First Class in Tangdhar found Mohammad Rafiq Khawaja guilty under Section 377 (unnatural offences) and Section 341 (wrongful restraint) of the Ranbir Penal Code. The case was originally registered at Police Station Karnah.
In its ruling, the court ordered Khawaja to undergo one year of simple imprisonment and pay a fine of Rs 3,000 under Section 377 of the RPC. Additionally, he was sentenced to 10 days of simple imprisonment and a fine of Rs 300 under Section 341 of the RPC. The court stipulated that failure to pay the fines would result in an additional one month of simple imprisonment. All imposed sentences are to run concurrently, with credit given for the period of detention already served during the investigation and trial.
Following the verdict, the court directed that the convicted man be taken into custody and lodged in Sub Jail Kupwara to serve his sentence. A warrant of imprisonment was ordered to be prepared, and the personal and surety bonds furnished by the accused were cancelled.
According to the prosecution’s case, the incident occurred in August 2014. The accused reportedly intercepted the minor victim while he was on his way home. The prosecution alleged that Khawaja wrongfully restrained the boy and forcibly dragged him into a maize field, where the assault took place. The matter came to light when a local resident, alerted by the victim’s cries, intervened, causing the accused to flee the scene.
The victim later disclosed the assault to his family, who subsequently took him for a medical examination. Following the medical report, the police registered a First Information Report (FIR) and commenced an investigation. The investigation involved site inspections, recording of witness statements, and the collection of medical and other relevant evidence before a chargesheet was filed against the accused.
During the trial proceedings, the prosecution presented evidence through the testimony of the victim, his family members, an eyewitness, the investigating officer, and medical experts. The court found the victim’s testimony to be consistent and reliable, noting that it remained steadfast under cross-examination.
The court’s assessment also considered the eyewitness account, which corroborated the victim’s narrative concerning the presence of the accused and the circumstances of his flight. Medical evidence presented indicated injuries consistent with the nature of the assault. The court observed that the absence of certain specific forensic indicators did not diminish the strength of the prosecution’s case.
Lawyers representing the defence had argued that the case was a fabrication stemming from prior enmity and highlighted alleged contradictions, a delay in the lodging of the FIR, and perceived lapses in the investigation. However, the court concluded that the discrepancies cited were minor and did not fundamentally undermine the prosecution’s core allegations. The court also acknowledged that delays in reporting such offences are not uncommon.
Prosecuting Officer Jan Mohammad Wani argued for stringent punishment on behalf of the prosecution. The defence, meanwhile, sought leniency for the accused, including consideration for probation, which the court ultimately declined.
Regarding compensation for the victim, the court issued a directive to the Secretary of the District Legal Services Authority Kupwara. The court asked the authority to treat the judgment as a recommendation and to process the victim’s claim for compensation in accordance with applicable laws.
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