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| HC sets-aside 3 yrs RI in rape case | | | EARLY TIMES REPORT
JAMMU, Mar 11:Justice Sunil Hali of J&K High Court Jammu Wing set-aside the three years rigorous imprisonment awarded to appellant Sagar Singh who was allegedly involved in rape case, and the alleged occurrence took place on August 13, 1988.According to the statement of the prosecutrix that she had gone to wash the clothes and for taking bath at Bavli, when she was taking bath accused caught hold of her and took her on the bank of river and raped her. He also threatened to kill her with a sickle which he was carrying with him at that time. She raised alarm, the accused left the place. On hearing the alarm one Balwant Chand came on spot after half an hour as has been revealed from the statement of the prosecutrix. Accused was not present when the witness came on spot. After completion of investigation police presented the challan before the Trial Court. Court after examining the witnesses found the appellant guilty of offence u/s 376 RPC and sentenced three years rigorous imprisonment. Aggrieved by the order of Trial Court, the appellant filed this appeal. Justice Hali after hearing Adv BS Slathia appearing for the appellant whereas Gagan Basotra AAG appeared for the state, observed that the statement of prosecutrix does not indicate that any rape was committed, the only evidence which had come on record is that accused insulted her, which according to prosecutrix would mean what a man does with a woman.
This expression by the prosecutrix is capable of many interpretations. Moreover in the present case there is no medical evidence to support the version of the prosecutrix. In the present case it been seen that no such ingredient has been proved by the prosecution except the bald assertion that prosecutrix was insulted by the accused which she explain by saying that a man does with a woman.
On such statement of the prosecutrix it is not safe to convict the accused u/s 376 RPC. With these observations Court allowed the appeal and set-aside the order of sentence and conviction of the accused. (JNF)
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