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SANJAY DHAR
State of J&K – Appellant
Versus
Feroz Ahmad Najar – Respondent
JUDGMENT :
1. The appellant-State has challenged the judgment of acquittal dated 28.01.2017 passed by learned 2nd Additional Sessions Judge, Srinagar, whereby the respondents have been acquitted of the charges for offences under section 363, 376, 343, 506 and 109 RPC arising out of FIR No. 2 of 2006 registered with Police Station, Rainawari, Srinagar.
2. Briefly stated, case of the prosecution is that on 23.12.2005, PW1-Mukhtar Ahmad Hagroo, who happens to be the father of the prosecutrix, lodged a missing report with Police Station, Rainawari, alleging therein that his daughter, the prosecutrix, had gone to her school on 06.12.2005 but she did not return. In the report, age of the prosecutrix was mentioned as 14 years. The police launched search of the prosecutrix and ultimately they succeeded in finding her in Central Jail, Jammu, wherefrom she was recovered after getting her released on bail.
3. Upon recovery of the prosecutrix, her statement was recorded by the police. In her statement, the prosecutrix narrated that the respondents along with one girl, namely, Shazia, enticed her to go with them and she was taken in a white coloured Maruti car outside the State to Jaipur. On the b
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
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 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....
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....
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....
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
The presumption of innocence remains strong unless compelling evidence demonstrates otherwise, particularly in cases of acquittal.
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