Nikhil Sharma vs State of J&K - 2023 Supreme(J&K) 513

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 513

RAJNESH OSWAL, MOKSHA KHAJURIA KAZMI
Nikhil Sharma – Appellant
Versus
State of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Sunil Sethi, Mohsin Bhatt.
For the Respondent: Pawan Dev Singh.

JUDGMENT :

RAJNESH OSWAL, J.

1. This appeal arises out of the judgment of conviction dated 10.03.2014 and the order of sentence dated 15.03.2014, whereby the Court of learned 3rd Additional Sessions Judge, (Fast Track Court), Jammu (hereinafter to be referred as “the trial court”) has convicted the appellant for commission of offences under Sections 363 and 376 RPC and sentenced him to undergo rigorous imprisonment for life and fine of Rs. 50,000/- under Section 376 RPC. The appellant has been further sentenced to undergo imprisonment for seven years and fine of Rs. 5,000/- for commission of offence under Section 363 RPC. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for six months in case of conviction under Section 376 RPC and in default of payment of fine in case of conviction under Section 363 RPC, the appellant has been directed to undergo simple imprisonment for two months.

2. The judgment has been impugned by the appellant on the ground that the prosecutrix was mentally unsound, which is clearly established from her statement during cross-examination, as such, her statement could not have relied upon by the learned trial court. It