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| HC dismisses acquittal appeal filed by the state in rape case | | |
EARLY TIMES REPORT
JAMMU, Mar 9: Justice JP Singh of J&K High Court Jammu Wing dismissed the criminal acquittal appeal filed by the state against the judgment of Sessions Judge Rajouri passed on October 30, 2009 where by one Mohd Ashfaq was acquitted from the charges of rape.
According to the case, the prosecutrix had filed a written report in P/S Manjakote that Mohd Ashfaq had dragged her into the bushes committing rape on her by gagging her mouth with her dupatta on February 22, 2008 when she was coming back home from the school.
Police after completion of the investigation filed challan in the Court of law which was committed to Sessions Court where the Mohd Ashfaq was charged u/s 376 RPC and the alleged accused was acquitted on October 30, 2009.
Against this order the state filed this criminal appeal and challenged the acquittal of Mohd Ashfaq.
Justice JP Singh after hearing AAG AH Qazi appearing for the state, observed that in view of the statements made by the star witnesses, the prosecutrix, her father and medical evidence negating the evidence of recent inter-course with the prosecutrix, the view taken by the Sessions Judge in acquitting respondent cannot be said to be in any way erroneous warranting interference in appeal, this was the only view which had been taken in the facts and circumstances of the case.
The prosecutions having failed to produce evidence indicating any incriminating circumstances against Mohd Ashfaq, Court do no see any merit in the state's plea for condoning the delay in filling the appeal, because no justifiable reason has been projected.
Even otherwise as the appeal when considered on merit, is not likely to succeed for lack of requisite evidence against Mohd Ashfaq indicating him to have committed offence punishable u/s 376 RPC or for that matter any other offence under the RPC.
The state's plea deserves to be rejected and further said that Court does not find any merit in the state counsel's submission to condone the delay in filling acquittal appeal. Condonation application is accordingly dismissed along with criminal acquittal appeal. ---JNF
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