Yog Raj vs State of J&K - 2023 Supreme(J&K) 197

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 197

TASHI RABSTAN, PUNEET GUPTA
Yog Raj – Appellant
Versus
State of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Anmol Sharma, Advocate.
For the Respondent: Mr. R.S. Jamwal, AAG.

JUDGMENT :

PUNEET GUPTA, J.

1. The learned Sessions Judge, Udhampur, has held Yog Raj guilty for commission of offence under Section 376 RPC and convicted the accused and sentenced him to undergo rigorous imprisonment for life and also fine to the tune of Rs.10,000/-. In default of payment of fine the convict was to undergo further imprisonment for six months. The original challan file has been received by the Registry by way of reference from the trial court. The appeal has been preferred by the convict Yog Raj.

2. The judgment of the trial court is impugned on the ground that the same is not as per the fact and law and prosecution has failed to prove the case against the appellant beyond shadow of doubt. The statements of the prosecution witnesses are not creditworthy and the medical evidence also does not point towards the commission of rape upon the prosecutrix by the appellant as sought to be projected by the prosecution through the evidence produced in the challan.

3. The appellant shall be referred to as accused for purposes of the appeal.

4. The case set up by the prosecution against the accused in the challan is that a written complaint was filed by PW-Pushpa Devi (mother of th