STATE TIMES NEWS SRINAGAR: Principal Sessions Judge Srinagar Abdul Rashid Malik on Monday awarded life-imprisonment to a ‘Romeo’ namely Mohammad Shoaib Darial, son of Mohammad Ashraf Darial, resident of Nowhatta, Srinagar who murdered a girl. According to the police case, on May 3, 2009 in the afternoon at Chinar Colony Barzulla Road, two girls namely Romana, daughter of Dr. Javaid Shabnam Nengroo, resident of Gulposh Colony Methan and Anam, daughter of Mohammad Iqbal Mir, resident of Peer Bagh, Barzulla were coming from tuition centre Paraypora towards Baghat. During this period a black Alto car bearing Registration No.JK01H-5758, in which there were two persons who have been identified as accused in this case started following these girls and was making rounds on spot. In the meanwhile, the accused slowed down the speed of the vehicle and forcibly handed over two chits of paper to these girls. The girls did not take any care towards these paper chits and instead threw the chits down which provoked the accused and in connivance with one another, with intention to kill the girls droved the vehicle towards their direction and forcibly hit them due to which Romana got seriously injured and died on spot. Upon this, police registered a case. After hearing Public Prosecutor A.A Teli for the State whereas Advocate Mustaq Ahmed Dar for convict, the court observed, “As laid down by Supreme Court that brutality and manner in which murder was purported may be a ground but not the sole criteria for judging whether the case is rarest of rare cases. To conclude, on preparation of the balance sheet of mitigating and aggravating circumstances, length of detention for which the convict remained in custody and his age speak for the fact that the case cannot be bracketed as one of the “rarest of rare case”.
“Keeping in view the entire facts and circumstances of the case, this is not a fit case for inflicting death sentence under Section 302 RPC, therefore it will be just and proper to sentence the convict to imprisonment for life under Section 302 RPC and to an imprisonment of three months for commission of offence under Section 294 RPC. Both the sentences shall run concurrently. Execution of the sentence of life imprisonment shall be subject to confirmation of the High Court in terms of Section 374 of CrPC”, the court held and added, “No amount of compensation can repair the irreparable loss caused in the instant case. The convict has been behind the bars for the last more than ten years and a long incarceration has an effect upon his social and economic status, in such a situation, he cannot be compelled to pay compensation to the victim but under the Victim Compensation Scheme, 2019 formulated by the Government of J&K, as per SRO 442 of 2019, Member Secretary, J&K State Legal Services Authority, shall release an amount of Rs. 5 lakh in favour of the mother of the victim namely Mugaya, daughter of Ahmad Sayim and wife of Javaid Shabnam Nengroo, resident of Gulposh Colony Baghi-Mehbtab, Srinagar, keeping in view the gravity of the offence and severity of mental and physical harm and injury suffered by the victim and her relatives in particular mother of the victim”.
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