news details |
|
|
| HC upholds 14-year jail term in Udhampur minor rape case | | | Early Times Report
JAMMU, Nov 14: Holding that the credible and trustworthy testimony of a child victim can form the sole basis of conviction in a rape case, the High Court of Jammu & Kashmir and Ladakh has upheld the conviction and 14-year rigorous imprisonment awarded to a Udhampur man for raping an eight-year-old girl in 2017. A Division Bench comprising Justice Sanjay Dhar and Justice Shahzad Azeem dismissed the criminal appeal filed by Sanjay Kumar alias Sanju, a resident of Jib, Udhampur, challenging the judgment of the Additional Sessions Judge, Udhampur.
The trial court had convicted the accused under Sections 376 and 342 of the Ranbir Penal Code (RPC), sentencing him to 14 years' rigorous imprisonment and imposing a fine of Rs 1 lakh for rape, besides one year's imprisonment for wrongful confinement.
According to the prosecution, the incident occurred on April 23, 2017, when the eight-year-old girl was playing hide-and-seek with children at the accused's residence. The accused, whom the victim addressed as "Sanju Chachu", allegedly took her into a room, closed the door and sexually assaulted her.
The child subsequently returned home crying and bleeding and narrated the incident to her mother. Following a complaint, FIR No. 50/2017 was registered at Police Station Rehmbal.
During the hearing, Senior Advocate Surinder Kour, assisted by Advocate Manpreet Kour, appeared for the appellant, while Senior Advocate Raman Sharma, assisted by Advocates Kartikay Sharma and Saliqa Sheikh, represented the Union Territory of Jammu and Kashmir.
The defence challenged the prosecution evidence, citing alleged contradictions in witness statements, delay in recording statements and a purported land dispute between the families.
However, the Division Bench rejected these contentions, observing that minor discrepancies and procedural delays cannot undermine an otherwise reliable prosecution case.
The Bench noted that the child had consistently narrated the incident, identified the accused and withstood detailed cross-examination without material contradictions.
The Court also relied upon the medical evidence of Dr Sanjay Verma, who examined the victim and recorded injuries consistent with sexual assault.
The High Court observed that the testimony of a prosecutrix, if found reliable and trustworthy, can independently sustain a conviction and that corroboration is not an indispensable requirement of law.
It further held that the child's consistent account, immediate disclosure to her mother and supporting medical findings established the prosecution case beyond reasonable doubt.
Rejecting the argument concerning delayed recording of witness statements, the Bench held that the investigating officers had satisfactorily explained the delay.
The Court also found the defence allegation of false implication arising from a land dispute unsupported by evidence.
Finding no illegality in the trial court judgment, the Division Bench dismissed the appeal and affirmed the conviction and sentence awarded to Sanjay Kumar under Sections 376 and 342 RPC.
(JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
