Early Times Report
JAMMU, Dec 5: The High Court of Jammu & Kashmir and Ladakh has set aside the 2013 gang-rape conviction of Jatinder Singh alias Dimple alias Rinku, a matador conductor from Udhampur, in a 2005 case, holding that the prosecution failed to establish guilt beyond reasonable doubt.
Justice Mohd. Yousuf Wani pronounced the judgment, allowing Criminal Appeal (CRA) No. 06/2013 and overturning the Sessions Court Udhampur verdict dated January 28, 2013.
The case arose out of FIR No. 109/2005 of Police Station Udhampur. The prosecutrix, then an eighth-class student, had alleged that on May 25, 2005, she was sexually assaulted near Jaganu Morh after travelling in a matador from Udhampur town. The trial court had convicted driver Sanjay Kumar and conductor Jatinder Singh under Sections 376(2)(g) and 342 RPC, sentencing both to 10 years' rigorous imprisonment and fine. The High Court noted that the appeal against Sanjay Kumar had already abated following his death during the pendency of proceedings.
Reappraising the record, the High Court highlighted an unexplained delay of 11-12 days in lodging the FIR, material contradictions in the prosecutrix's versions at different stages, and inconsistencies between ocular and medical evidence. The Court also took note of the non-examination of investigating officers and gaps in proof regarding the prosecutrix's age.
While reiterating that conviction in sexual offence cases can rest on the sole testimony of a survivor if it is wholly reliable, the Court held that the evidence in the present matter did not meet the "sterling witness" standard required to sustain the conviction without credible corroboration.
Accordingly, the High Court set aside the conviction and sentence arising from charge-sheet No. 22/2006 in FIR No. 109/2005, acquitted Jatinder Singh alias Dimple alias Rinku and ordered his release from custody in the case. His bail bonds were also directed to be discharged.
—(JNF) |
