10 years for ‘heinous’ rape

VIVEK CHHETRI, TT, Darjeeling, Feb. 26: A Darjeeling judge today sentenced an Islampur youth to 10 years’ rigorous imprisonment for kidnapping and raping a minor calling the crime “heinous”. 

Madhu Sudan Dutta, the additional sessions judge (second court), said the “nature of the offence” required that the accused should be awarded rigorous punishment “to curb the spiralling number of cases of kidnapping and rape”. 

Today’s was the third sentence to be awarded by the same court in less than 10 months to rape accused. Judge Dutta, Darjeeling, also slapped a fine of Rs 10,000 on Jahir Alam, 26, from Islampur and said the convict would have to spend an additional six months in jail if he failed to pay the amount. The judge awarded the punishment under Section 376 (f) (rape of a minor) of the IPC. Under Section 366A (kidnapping) of the IPC, the court also handed out a concurrent punishment of eight years’ rigorous imprisonment to Alam, apart from a fine of Rs 5,000. 

“As the convict kidnapped and raped a minor girl of only 14 years, he is a psychologically sadistic person. Thus, the superintendent of the Darjeeling Correctional Home is directed that some psychological treatment should be given to the convict during the period of his detention.”

On the convict’s plea for a lenient sentence, the judge said: “I have duly considered the submission as made by the convict. Now, considering the serious and heinous nature of the offence and in view to curb the spiralling number of cases of kidnapping and rape, I am not inclined to deal with the convict under Section 360 CrPC.” 

On October 11, 2012, Dutta had also sentenced 56-year-old Bir Bahadur Subba to 10 years’ imprisonment for raping a 10-year-old girl. Subba was a resident of Avongrove tea garden near Sukhiapokhri, 25km from here. On June 1, 2012, Shiva Kumar Biswarkarma, 33, a resident of R.N. Sinha Road in Darjeeling, was sentenced to eight years of rigorous imprisonment by the same judge for a rape bid on a five-year-old. 

Talking about today’s verdict, public prosecutor Vinod Agarawal said the victim was known to Alam, who used to work as a mason in Darjeeling. “He hails from Kadokhawa in Islampur and used to stay at a rented house at Gandhi Road here,” said Agarwal. 

“One day, Alam met the girl who said that she was on her way to buy books. Alam said he would help her buy the books and took her to his rented house,” said Agarwal. The girl was kept under lock and key for more than a month. “The girl went missing on February 25, 2010 and police rescued the girl and arrest Alam on March 29, 2010,” he said.