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RAJNESH OSWAL, RAJESH SEKHRI
Union Territory of J&K – Appellant
Versus
Hadayatullah Sheikh – Respondent
JUDGMENT
Rajnesh Oswal, J. - The judgment of acquittal dated 30.06.2021 delivered by the court of learned Principal Sessions Judge, Bhaderwah in case titled 'State vs. Mohd. Aqib and others' arising out of FIR No. 76/2014 acquitting the respondents of the charges for commission of offences under Section 376(2) (G), 342, 363, 506 RPC, has been impugned by the appellant on the ground that the learned trial court has not properly appreciated the evidence and has given undue importance to the delay in lodging the FIR. Further that the non-examination of the Investigating Officer was not fatal to the prosecution case, as the prosecutrix had proved the case beyond any shadow of doubt.
2. Before we consider the present appeal, it is found that the record of the case was reconstructed by the trial court, as the court file was gutted in a fire incident that took place on 31.12.2020.
3. Mr. R.S. Jamwal, learned AAG argued that the prosecutrix had proved the case against the respondents but still the learned trial court acquitted the respondents by wrongly appreciating the evidence.
4. Mr. Jagpaul Singh, learned counsel appearing on behalf of the respondents vehemently argued that the material wi
In cases of sexual offences, the sole testimony of the victim may suffice for conviction only if it is clear and consistent; inconsistencies may necessitate corroborative evidence, leading to acquitt....
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
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....
Rape – Conviction cannot be recorded on solitary statement of prosecutrix which does not inspire confidence.
The prosecution must prove its case beyond reasonable doubt, and the judgment of acquittal should not be interfered with unless it is perverse.
The prosecution must prove guilt beyond a reasonable doubt, and failure to identify the accused or utilize expert assistance in interpreting gestures of a disabled victim creates reasonable doubt.
The prosecution must establish guilt beyond reasonable doubt, and failure to identify the accused fatally undermines the case.
The court ruled that a victim's testimony must be clear and corroborated for conviction; inconsistencies in the prosecutrix's statements led to the acquittal of the appellants.
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....
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