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SANJEEV KUMAR
State of J&K – Appellant
Versus
Faiz Ali – Respondent
JUDGMENT :
1. This appeal by the State is directed against the judgment of acquittal dated 24th January, 2013 recorded by the Court of learned Sessions Judge, Samba [“the Trial Court”] in file No. 97-A/Session entitled State v. Faiz Ali, whereby the Trial Court has acquitted the respondent of the charge under Section 376 RPC.
2. As prosecution story goes, the prosecutrix on 8th June, 2009 was grazing her cattle in a jungle where she was called upon by the respondent to help him in finding out his goat. When the prosecutrix reached near him he caught hold of her and forcibly took her to jungle and raped her there. After committing crime, the respondent threatened her that he would murder her in case she discloses the incident to anybody. It was the complaint of the prosecutrix that she came home but did not disclose the incident to anybody because of the fear of the respondent. It was only on 30th June, 2009, she narrated the whole incident to her mother, who, in turn, narrated the same to her father, who came home on the said day. On the basis of the written complaint filed on 2nd July, 2009, FIR No. 56/2009 for commission of offence under Section 376 RPC was registered against the r
The evidence in rape cases must inspire confidence and be free from doubt or ambiguities. When two views are possible based on the evidence, the view that favours the accused is to be adopted.
The prosecution must prove its case beyond reasonable doubt, and contradictions in witness statements and lack of supporting medical evidence can weaken the case.
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 sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The prosecution must prove its case beyond reasonable doubt, and the judgment of acquittal should not be interfered with unless it is perverse.
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
Testimony of the prosecutrix in rape cases must inspire confidence; lack of corroboration casts doubt on prosecution's case.
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