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2009 Supreme(J&K) 553

J.P.SINGH
Mir Hussain – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: S.A. Salaria
Advocate For Appellant: M.L. Bhagat
Advocate For Respondent: B.R. Chandan

1. The appellant, Mir Hussain, accused of committing rape on Mrs. X, on March 03, 1989 has been convicted and sentenced to rigorous imprisonment for five years and fine of Rs. 5000/-, besides the default Sentence of three months, by the Additional Sessions Judge, Doda, hereinafter to be referred as the "trial Court," for short.

2. Questioning the Conviction and Sentence, he has filed this Appeal.

3. Learned Senior Counsel, appearing for the appellant, contends that the trial Court has acted illegally in relying upon the statement of the prosecutrix, which suffered from major contradictions, and, was even otherwise, un-worthy of credence and that there was no other acceptable evidence on records, to support the appellants Conviction and the prosecution story.

4. Referring to the statements of the prosecution witnesses and pointing out contradictions and exaggerations appearing therein, learned counsel additionally submitted that the appellants trial being un-fair and violative of the provisions of Article 21 of the Constitution of India, he was entitled to be acquitted, and, in any case, set to liberty, for the Sentence already undergone by him, during the trial of more than 19 years a

















































































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