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SANJAY DHAR
UT of J&K – Appellant
Versus
Bilal Ahmad Wani – Respondent
JUDGMENT
The appellant Union Territory of J&K through the medium of present appeal has assailed the judgment of acquittal dated 12.10.2023 passed by the learned Additional Sessions Judge, Anantnag (“the trial court”), whereby the respondents/accused have been acquitted of the charges in a case arising out of FIR No.5/2020 for offences under Section 376-D, 509, 506, 120-B, 201 IPC and Section 67 of the I.T Act registered with Police Station, Larnoo.
2. Briefly stated, the facts leading to the filing of the present appeal are that on 29.04.2020, PW-1 (the prosecutrix) lodged a report with the police alleging therein that a few days back at about 11.00 am, while she was sitting at her home along with two minor children, accused Asif Ahamd and Bilal Ahmad Wani trespassed into her home whereafter they enticed her two minor children and brought them out of the home. Thereafter the afore-named two accused persons made the prosecutrix to take some intoxicating medicine with juice and cigarette, as a result of which she lost her senses. The afore-named two accused thereafter committed rape upon her. They also videographed the act and circulated the said video through WhatsApp, as a result o
Appeal against acquittal – A redundant criminal prosecution should not be protracted.
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The requirement of producing a valid certificate for the admissibility of secondary electronic evidence is mandatory, and failure renders the evidence inadmissible, affecting the validity of convicti....
The decision of the appellate court in an appeal against acquittal must be based on a full review, reappreciation, and reconsideration of the evidence, and the court must bear in mind the double pres....
The presumption of innocence remains strong unless compelling evidence demonstrates otherwise, particularly in cases of acquittal.
The judgment emphasized the principle that an appellate court must bear in mind the double presumption in favor of the accused in case of acquittal and should not disturb the finding of acquittal rec....
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
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