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| HC sets aside conviction order against rape accused | | | Early Times Reporter
Jammu | Apr 1
Allowing a criminal appeal, High Court of Jammu and Kashmir, Jammu wing today set aside conviction by a rape accused convicted and sentenced by the trail court.While setting aside the conviction order passed by the Ist Additional Sessions Judge Jammu, Justice JP Singh observed that the prosecution has failed to lead convincing evidence to prove the offence against the accused.
The observations were made in a criminal appeal filed by one Balkar Singh, who was convicted by the Ist Additional Sessions Judge Jammu and sentenced to seven years imprisonment and fine of Rs. 10, 000/- under Section 376 RPC – for committing rape - and to one year's imprisonment and fine of Rs. 1000/- under Section 448 RPC – for committing criminal trespass.
As per the prosecution story, on Jan. 5, 2000 the accused Balkar Singh forced his entry in her room, when her husband was out of the house. The accused, allegedly committed rape upon the prosecutrix and fled from the spot.
The trail court, after going through the statement of the witnesses, including of prosecutrix and scrutinizing the record on the file including report of Scientific Officer, Biology and Serology, FSL, Jammu, the trial Court found the accused guilty of the offence and convicted him.
The accused, however, moved to the High Court against the order of the trail court
Pleading that the Court below erred in accepting statement of prosecutrix, which was full of contradictions. It was further argued that prosecution failed to examine Investigating Officer, which itself turn the case week for prosecution.
Justice JP Singh, while setting-aside conviction and sentence passed by the trail court, observed that there were serious "contradictions and significant unexplained omissions appearing in statement of prosecutrix in her earlier version reflected in FIR and statement made under Section 161 Cr PC".The statement of prosecutrix, the court observed, would not warrant its acceptance as such unless it had been corroborated by at least her parents-in-law who could have thrown light on complaint of prosecutrix having been raped by the accused, who had been seen running from her house by them.
"Prosecution story that Balkar Singh had committed sexual intercourse for half to 3/4th of an hour and despite prosecutrix's resistance, no injury had been received either by prosecutor or by Balkar Singh during course of sexual intercourse is too hard to be believed", the court observed, while setting aside the conviction order. |
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