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SANJAY DHAR
Mohi-Ud-Din Dar – Appellant
Versus
State Of J. &K. – Respondent
| Table of Content |
|---|
| 1. conviction based on facts surrounding the case. (Para 1 , 2) |
| 2. trial process and the testimonies presented. (Para 3 , 4 , 5) |
| 3. arguments surrounding the reliability of witnesses. (Para 6 , 10 , 12 , 39 , 41) |
| 4. legal standards for conviction in rape cases. (Para 11 , 13 , 25) |
| 5. evaluation of prosecutrix's testimony. (Para 17 , 19 , 20 , 26) |
| 6. final judgment on the conviction and sentencing. (Para 48 , 49 , 54) |
JUDGMENT :
1. The appellants have called into question judgment dated 22.11.2006, passed by learned Sessions Judge, Kupwara, whereby they have been convicted for offences under Section 366 and Section 376(2)(g) of RPC and sentenced to undergo rigorous imprisonment of ten years and a fine of Rs.3,000/ for having committed offence under Section 376(2)(g) of RPC and for rigorous imprisonment of two years for having committed offence under Section 366 RPC. In default of payment of fine, the appellants have been directed to undergo further imprisonment of six moths.
2. Briefly stated, the case of the prosecution is that on 27.02.1989, the prosecutrix accompanied her blind mother for treatment to Handwara hospital and on their return, they went to purchase certain
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