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RAJNESH OSWAL, MOHAN LAL
Liaqat Ali – Appellant
Versus
Union Territory of Jammu & Kashmir through SHO Ramsoo – Respondent
JUDGMENT :
Mohan Lal, J.
1. Instant Criminal Conviction Appeal is directed by appellant/convict against the judgment and order dated 12.01.2021 rendered by the court of learned Principal Sessions Judge Ramban in the case File No. 02/challan bearing case CNR No. JKRB010000382016 titled State vs Liaqat Ali, whereby, appellant/convict has been held guilty, convicted and sentenced to undergo rigorous imprisonment for a period of 20 years for commission of offence punishable u/s 376 RPC and to pay fine of Rs. 50,000/- and further sentenced to simple imprisonment for a period of two (2) years for commission of offence punishable u/s 506 RPC and in default of payment of fine, appellant/convict has been directed to further undergo simple imprisonment for the period of 06 months.
2. Aggrieved of and dissatisfied with the impugned judgment, appellant/ convict has questioned it’s legality, propriety and correctness and has sought it’s setting aside/quashment on the following grounds: –
(i) that the prosecutrix has filed an application for registration of FIR on 04-12-2011 after t
: : (1) Delay in lodging of first information report should be satisfactorily explained.(2) A young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assa....
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
The testimony of the victim of sexual assault is vital and more reliable than that of an injured witness. Conviction can be founded on the testimony of the prosecutrix alone unless there are compelli....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
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