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| HC sets aside trial court order, acquits accused after 10 yrs investigation, trial | | | Early Times Report
Jammu, Aug 17- Setting aside the conviction and sentence awarded by the trial Court, the Jammu and Kashmir High Court today dismissed the prosecution case and acquitted the accused after 10 years of trial and investigation from the charges leveled against him.
The accused Hem Raj alias Hemu who was awarded seven years rigorous imprisonment by the Sessions Judge Udhmapur in a rape case on June 13, 2002 filed an appeal in the High Court which was decided today.
In the approved for reporting judgment Justice Mansoor Ahmed Mir, after hearing Advocate JP Sharma for the appellant and Additional Advocate General SC Gupta for the state, and going through the statement of witnesses and also the statement of the prosecutrix, observed that the prosecution has failed to explain the three days delay in lodging of complaint. The evidence also disclosed that the father of the accused had lodged a report against the husband of the prosecutrix about the trade of illicit liquor. It can also be not ruled out that the case is not the outcome of rivalry and quoted a judgment of Apex Court in which the Apex Court held that when there is delay in lodging FIR coupled with the fact that there are in consistencies in the statement of prosecutrix, it is not safe to base conviction on the testimony of prosecutrix and also referred various judgments of High Court. He further observed that in the given circumstances the conviction cannot be made basis on the solitary statement of prosecutrix without corroboration. Trial Court has fallen in error while holding that without corroboration, the conviction can be made on the solitary statement of prosecutrix and allowed the appeal against the judgment of Sessions Judge Udhampur and set-aside the same and acquitted the accused from the charges. JNF
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