Early Times Report
JAMMU, Feb 21: Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High Court, Srinagar wing, has expressed strong objection to a Sessions Judge's judgment in a rape case where the name of the victim was repeatedly mentioned. The High Court emphasized that in cases related to sexual offences, the victim's name should not be disclosed in any proceedings. It directed all Criminal Courts in the Union Territory of Jammu and Kashmir and Ladakh to exercise caution when dealing with such sensitive cases. The Registry has been instructed to circulate soft copies of this judgment to all Criminal Courts in the Union Territories of J&K and Ladakh.
The appellant-State had challenged the acquittal judgment dated 15.02.2021 passed by the learned Principal Sessions Judge, Budgam, in which the respondents were acquitted of charges under Section 363, 376, 342, and 109 RPC arising from FIR No. 230/2007 registered with Police Station, Budgam.
In upholding the acquittal appeal, Justice Sanjay Dhar observed contradictions in essential aspects of the case, including statements made by the prosecutrix during police investigation and trial, as well as discrepancies between her statement and that of the Medical Officer. Additionally, contradictory versions about the involvement of the accused were noted, including contradictions in the father of the prosecutrix's statement. The Court concluded that basing conviction solely on the prosecutrix's statement would be hazardous, and reasonable doubt existed regarding the alleged occurrence and the accused's involvement. Consequently, the High Court found no grounds to interfere with the trial court's judgment of acquittal and dismissed the appeal accordingly.
The judgment underscores the importance of protecting the identity of victims of sexual offences and highlights the need for careful handling of such cases by the judiciary to ensure justice and sensitivity towards survivors. |
