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2022 Supreme(J&K) 305

RAJNESH OSWAL, MOHAN LAL
Rakesh Kumar – Appellant
Versus
State of J & K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anmol Sharma
For the Respondent: Amit Gupta

JUDGMENT :

Mohan Lal, J.

1. Appellant/convict has preferred this criminal conviction appeal under section 410 Cr.P.C. against impugned judgment and order of conviction dated 01.03.2016 rendered by the court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) in case titled "State v. Rakesh Kumar" for the commission of offences punishable under section 376 RPC bearing FIR No. 41/2013 of Police Station Bishnah, whereby appellant/convict has been sentenced to suffer rigorous imprisonment for 12 years and fine of Rs. 1,00,000/-.

2. Feeling aggrieved by the impugned judgment of conviction and order dated 01.03.2016,appellant/convict has questioned its legality, propriety and correctness, and has sought its setting aside/quashment on the following grounds:-

    (i) that the trial court has not properly weighed the evidence and has taken adverse view, whereas, the evidence of the prosecutrix is mutually contradictory to the version in FIR and has no ring of truth and suffers from contradictions and discrepancies in its testimony before the trial court, there by, the testimony of the prosecutrix is totally unreliable;

(ii) that the bare perusal of the FIR reveals the fact that the al

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