| HC scales down rape conviction to attempt, cuts 10-year jail term to 5 years | | | Early Times Report
JAMMU, June 22: The High Court of Jammu & Kashmir and Ladakh at Srinagar has modified the conviction of Showkat Ahmad Seer in a 2016 case registered at Police Station Qalamabad, holding that the evidence on record was not sufficient to sustain conviction for rape under Section 376 RPC, but clearly established an offence of attempt to commit rape.
Justice Sanjay Parihar passed the judgment in an appeal filed against the conviction and sentence awarded by the Additional Sessions Judge, Handwara, where the appellant had been sentenced to 10 years' rigorous imprisonment and a fine of Rs 50,000 under Section 376 RPC.
Appearing for the appellant, Senior Advocate Tasaduq H. Khawaja with Advocate Naseer ul Akbar argued that the prosecution evidence suffered from contradictions and was not fully supported by medical evidence. The UT was represented by GA Faheem Nissar Shah with Haaris Khan as assisting counsel.
After examining the material, the High Court observed that though the evidence was insufficient to prove rape beyond reasonable doubt, it "unmistakably" showed that the appellant had made a determined attempt to commit the offence. Accordingly, the Court altered the conviction from Section 376 RPC to Section 376 RPC read with Section 511 RPC.
The Court reduced the sentence to five years' imprisonment and imposed a fine of Rs 10,000, with three months' simple imprisonment in default of payment. The period already undergone in custody was ordered to be set off against the sentence. (JNF) |
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