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| HC sets aside trial court’s sentence of 2 yrs RI | | Rape accused acquitted from charges | |
Early Times Report
Jammu, Feb 12- Setting aside the judgment passed by the Trial Court, Kishtwar, sentencing the accused to undergo rigorous imprisonment of two years and fine of
Rs.50, 000, Justice JP Sigh of Jammu and Kashmir High Court, Jammu Wing, in a criminal appeal filed by Anjay Kumar alias Anjay Singh, has acquitted the accused of the charge of committing rape upon a minor girl.
Additional Sessions Judge Kishtwar in his judgment on November 17, 2003 and
November 19, 2003 had sentenced the accused to two years rigorous imprisonment with
fine of Rs.50, 000, on the charge of committing rape upon a minor girl.
Deciding the appeal filed by the convict and the criminal revision filed by the state for enhancement of punishment, Justice Singh in his 19- page judgment, after hearing both the sides, observed that Court is of the opinion that unexplained presence of charcoal on different parts of the body of the victim, a day before the lodging of FIR, non-mentioning of the time of occurrence in the FIR, absence of light at the place of occurrence, discrepancies, improvements and embellishments in the prosecution evidence, besides non-production of Investigating Officer in the case and filling of police challan, raises reasonable doubts about the truthfulness of the prosecution story. The prosecution cannot be said to have proved its case against the appellant beyond reasonable doubt. It cannot be held proved that the appellant had committed rape upon the victim on September 18, 1998, conviction and sentence of the appellant cannot be sustained.
Allowing the appeal, Justice Singh set-aside the judgment passed by the Additional Sessions Judge Kishtwar and allowing the benefit of reasonable doubt acquitted the appellant of the charges. Court further observed that appellant having not been found involved in any offence, the criminal revision petition filed by the State for enhancement of punishment, thus fails and is accordingly dismissed.
According to the prosecution case on September 22, 1998 at 10.45 PM, the father of the victim lodged a complaint with the police station Kishtwar saying that his minor daughter, after finishing cooking in evening, had gone out to ease herself on September 18, 1998. Anjay Kumar committed rape on her after gagging her mouth. On coming out the father of victim, the alleged accused fled away from the spot. His daughter was lying naked at that time on being brought into the room she had disclosed about the occurrence. Police after completion of the investigation had presented challan in the competent court. Trial Court convicted the accused u/s 376 RPC which was challenged by the accused through Advocate DK Khajuria. JNF.
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