District Court sentences gaonbura to 10 years of rigorous imprisonment for rape in Kohima.
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DIMAPUR — The Kohima district court has convicted Yhunthonlo Kez, aged 42, under multiple provisions of the Indian Penal Code (IPC), in connection with a sexual assault case involving an elderly woman.
The Court of Principal District and Sessions Judge, Kohima, Mezivolu T Therieh, convicted Kez, a serving gaonbura (GB), under sections 376(1), 354A(1)and 323 of the IPC vide an order dated December 12. During the trial, nine prosecution witnesses were examined.
The court awarded ten years of rigorous imprisonment and a fine of INR 10,000 under Section 376(1) IPC; in default of payment of the fine, the accused shall further undergo one year of simple imprisonment. Additionally, the accused was sentenced to one year of rigorous imprisonment and a fine of INR 1000 under Section 354 A(1) IPC, with a default stipulation of three months of simple imprisonment.
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He was also sentenced to six months of simple imprisonment and a fine of INR 500 under Section 323 IPC, with a default clause of one month of simple imprisonment. The sentences are to run concurrently.
Keeping in view the advanced age of the victim and the physical and mental trauma suffered, the court has directed the state government to release INR 2,00,000 as compensation under Section 357 A CrPC and under the Victim Compensation Scheme. The court further directed that on recovery of the total INR 11,500 as a fine from the accused, the victim shall be paid INR 6,000 as compensation.
While convicting the accused, the court observed, ‘The offence of rape is serious and grave and undermines the bodily integrity and dignity of the victim. The victim, in this case, was aged about 82 years and was completely helpless at the time of the incident, which was committed in the sanctity of her home.
‘Although the accused is a first-time offender, the mitigating circumstances do not outweigh the aggravating factors. Furthermore, he, being a gaonbura, holds important customary and administrative position but has failed to adhere to the discipline expected of him.’