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SC convicts two rape accused, overturning appellate court verdict

Acharya123himal June 5, 2020

SC convicts two rape accused, overturning appellate court verdict

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KATHMANDU, JUNE 4

The full textual content of the November 18 Supreme Court verdict on the Pooja Bohara (title modified) rape case maintains that the rape of an individual not solely metes out psychological trauma to the sufferer but in addition causes extreme hurt to his/ her vanity.

The full textual content launched by the apex court docket stated that the heinous crime of rape leads the sufferer to a state of long-lasting emotional misery.

“Such victims often endure from Rape Trauma Syndrome and therefore a court docket ought to think about it critically whereas delivering justice,” the complete textual content reads. On November 18, the SC had sentenced Sagar Bhatta and Amar Raj Awasthi every to 11 years and 6 months in jail for raping Bohara.

A division bench of justices Sapana Pradhan Malla and Hari Prasad Phuyal had convicted the duo, overturning the Mahendranagar Appellate Court’s acquittal. The convicts, who spent two years in jail throughout trial, had been launched after being acquitted by the appellate court docket.

The bench comprising Malla and Phuyal additionally ordered the convicts to pay compensation of Rs 250,000 every to the sufferer, along with Rs 500,000 in aid on behalf of the Government of Nepal, contemplating the gravity of the case.

The two convicts had raped the sufferer on 12 March 2012 in a far western hill district whereas SLC exams had been on. She was so traumatised by the incident that she couldn’t seem for the remaining SLC exams. She is a fourth 12 months LLB pupil now.

“When a girl complains of rape, it’s not the bodily a part of the lady which is immediately the main target of consideration. It is offence towards the bodily integrity of the lady as an individual, which is the offence in query.

While contemplating the imposition of applicable punishment, courts shouldn’t solely preserve in view the rights of the prison but in addition the rights of the sufferer and society at massive,” the complete textual content says.

The SC additionally stated that the sufferer’s physique itself was the scene of crime in circumstances of rape.