J-K sex scandal: Sexual violence not only confined to Valley, says CBI court | punjab | chandigarh | Hindustan Times
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J-K sex scandal: Sexual violence not only confined to Valley, says CBI court

Referring to how sexual violence was not a new phenomenon, the court while elaborating on the larger context stated that it wasn’t confined to a certain region, religion, area, community, caste or race.

punjab Updated: Jun 07, 2018 18:40 IST
Aneesha Bedi
Aneesha Bedi
Hindustan Times, Chandigarh
Former BSF DIG KS Padhi, who was convicted in the sex scandal, at the district court in Chandigarh.
Former BSF DIG KS Padhi, who was convicted in the sex scandal, at the district court in Chandigarh.(HT File)

“A girl from a poor family would also like to go to a school and lead the life of a normal girl from a well to do family if system provides the same,” read the order of quantum in the J&K sex scandal mentioning that the rape case cannot be related to the narrow context of militancy in Kashmir.

The special Central Bureau of Investigation (CBI) judge, Gaganjeet Kaur, while convicting the guilty stated “…but the implications have to be evaluated in the wider context of sexual violence against women due to poverty not only confined to Kashmir or other parts of India but that it prevails in the Indian sub-continent having same characteristics where poor minor girls become victims of sexual violence.”

‘Protectors of society commit immoral act’

While referring to the act of rape on the minor by convicts Ashraf Mir and KC Padhi who were members of the ‘disciplined police/security forces’, the judgment stated that either way it cannot be expected by anyone.

The judgement mentioned, “Public has faith in them as their protectors performing official duty efficiently does not condone the individual immoral act of an officer, if the said act falls in the definition of crime. Killing more than 40 militants by Padhi while on duty in the Valley does not overshadow or condone his act of committing rape upon the prosecutrix, a minor.”

It further mentioned that the crime was committed by convict Padhi in his individual capacity and hence the commission of offence of rape by him cannot be ignored because he had served the country by “performing his official duties efficiently at the risk of his family’s life”.

The court also took cognisance that in its opinion killing militants by risking his life and being target of militants in the Valley, does not fall in the category of mitigating factors from any corner while awarding the sentence for a heinous crime of rape.

The same was held true in the matter of convict Mohammad Ashraf Mir who, being a police officer had also shattered the faith of public. Facts like loss of health, wealth, job and income source are not mitigating factors, the court observed, as stated by the convicts.

Referring to how sexual violence was not a new phenomenon, the court while elaborating on the larger context stated that it wasn’t confined to a certain region, religion, area, community, caste or race.

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