Early Times Report
Jammu, Oct 31: The High Court of Jammu & Kashmir and Ladakh has upheld the conviction and ten-year rigorous imprisonment awarded to two persons in a 2014 kidnapping and rape case involving an 11-year-old girl in Reasi district, while acquitting a third accused by extending him the benefit of doubt.
Justice Rajnesh Oswal, while deciding the criminal appeals filed by Sanjeev Sharma alias Sanju, Rashpal Sharma and Rakesh Singh, held that the physical disability of a victim cannot become a ground for discarding otherwise reliable testimony.
The appellants had challenged the judgment dated July 30, 2022, passed by the Principal Sessions Judge, Reasi, convicting them under Sections 363 and 376 of the Ranbir Penal Code and awarding ten years’ rigorous imprisonment for rape.
The case arose out of FIR No. 89/2014 registered at Police Station Arnas following allegations that the minor girl was kidnapped and sexually assaulted.
During the hearing, the defence questioned the reliability of the survivor’s testimony, citing contradictions regarding the place of occurrence, medical evidence and alleged irregularities in recording her statement under Section 119 of the Evidence Act.
However, the High Court observed that the trial court had wrongly categorised the survivor as deaf and mute, whereas the medical evidence indicated partial visual impairment and severe stammering.
Justice Oswal held that the survivor’s disability could not justify rejection of her testimony, particularly when the prosecution evidence otherwise inspired confidence.
The Court also examined the forensic evidence revealing blood and seminal stains on the survivor’s clothing.
However, regarding Rashpal Sharma, the Court found insufficient evidence to sustain his conviction, particularly in view of the survivor’s testimony.
Accordingly, the High Court dismissed the appeals of Sanjeev Sharma and Rakesh Singh, affirming their conviction and sentence, while allowing Rashpal Sharma’s appeal and directing his release, provided he was not required in any other case.
Advocates G.S. Thakur and Ajay Singh Kotwal appeared for the appellants, while Government Advocate Sumeet Bhatia represented the prosecution. (JNF) |
