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SANJEEV KUMAR, RAJESH SEKHRI
State of J&K – Appellant
Versus
Ghulam Mohammad Lone – Respondent
JUDGMENT :
RAJESH SEKHRI, J.
1. This appeal has been directed against judgment dated 28.09.2013, recorded by learned Sessions Judge, Pulwama, (trial court for short) vide which respondent has been acquitted in case titled State of J&K through Police Station Awantipora vs. Ghulam Mohammad Lone, for offences under Sections 363/376 of Ranbir Penal Code, 1989, (RPC).
2. Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an overview of the background facts.
3. Since the present case relates to the incident of rape of a minor girl, therefore, keeping in view the social object of preventing ostracism of the victims of sexual offences, the victim hereinafter shall be referred to as prosecutrix.
4. Shorn of irrelevant details, the prosecution case is that on 25.08.2006, complainant Ghulam Mohammad Mir (PW-1), lodged a written report at Police Station Awantipora alleging inter alia that his minor daughter was kidnapped two days ago and had been concealed at some unknown place by one of his relatives, namely, Ghulam Ahmad lone, for forcible sexual intercourse. On the receipt of this report, FIR No. 116/2006 for offence under Section 363 RPC came to be register
The main legal point established in the judgment is the requirement for credible and trustworthy evidence to prove the guilt of the accused, especially in cases involving sexual offences, and the imp....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
The court can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
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