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RAJNESH OSWAL, RAJESH SEKHRI
State of J&K – Appellant
Versus
Anil Kumar Sarthi – Respondent
JUDGEMENT/ORDER :
Rajnesh Oswal, J.
1. This appeal is directed against the judgment dated 04.09.2013 passed by the learned 3 rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in file No. 22/Sessions, titled, "State of J&K v. Anil Kumar Sarthi" in FIR No. 43/2008 of Police Station, Janipur Jammu, whereby the respondent has been acquitted of the charge for commission of offence under section 376 RPC.
2. The judgment is impugned on the ground that there was sufficient material on record to convict the respondent but the learned trial court has not appreciated the law and facts of the case in its right perspective, which has resulted into unjustified acquittal of the respondent.
3. Mr. Amit Gupta, learned AAG representing the appellant-State vehemently argued that the prosecutrix has categorically stated that she was raped by the respondent but despite that the learned trial court has acquitted the respondent by wrongly appreciating the evidence brought on record by the prosecution.
4. Heard and perused the record.
5. Brief facts, as they emerge from the prosecution story, are that the father of the prosecutrix-Ashwani Kumar lodged a written report with SHO
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 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....
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 emphasizes the importance of appreciating evidence in the right perspective and upholding the trial court's judgment of acquittal when another view of the evidence is possible.
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
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....
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