Srinagar, Oct 9: High Court today awarded six years imprisonment and penalized a teacher for sexual assault on a minor student.
Shabir Ahmad Naik of Ramban working as a teacher in an educational trust in Srinagar had approached the court to challenge the judgment of fast track court (Srinagar) whereby he was sentenced to 7-year imprisonment and Rs 25,000 fine for commission of sexual assault upon the minor student.
Justice Rajnesh Oswal said the prosecution has also successfully proved that the act of the appellant-Naik which squarely falls under POCSO Act, as the accused-Naik being teacher committed an offence of sexual assault upon the minor student of Alfallah Habibullah Educational Trust, Rangpura, Srinagar who was less than 12 years of age.
This court has gone through the judgment passed by the trial court as the trial court has very meticulously dealt with the issues and has rightly arrived at a conclusion in respect of guilt of the appellant.
The court however has commuted the sentence from 7 years to 6 years with fine as imposed by the trial court shall remain the same.
Court added that the judgment of conviction dated 07.06.2024 of appellant arising out of FIR. No. 107/2021 of P/S Zakoora, Srinagar, is upheld. However, the order of sentence dated 07.06.2024 passed by the Fast Track Court for POCSO Cases, Srinagar, is modified to the extent that instead of simple imprisonment for 7 years, the appellant shall undergo simple imprisonment for 6 years & the fine component of the sentence shall remain the same
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