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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE SANJEEV KUMAR, MR. JUSTICE RAJESH SEKHRI, JJ
Mohammad Aris S/o Shaker Hussain Mughal – Appellant
Versus
State of Jammu and Kashmir through Police Station Mendhar – Respondent
JUDGMENT :
Sanjeev KumarJ
1. This appeal by the two persons, namely, Mohd Aris and Mohammamad Shakeel, [“the appellants”], is directed against a judgment dated 25-10-2018 passed by the learned Sessions Judge (Principal District Judge) Poonch, [„the trial Court‟] in File No. 10/Sessions titled State v. Mohd Aris and ors, whereby the trial Court has convicted the appellants for commission of offences punishable under Sections 363 and 376D RPC . The order dated 30- 10-2018 passed in the aforesaid matter, sentencing the appellants to undergo Rigorous Imprisonment for 25 years and fine of Rs. 50000/- for offence under Section 376 (D) RPC and to undergo Rigorous Imprisonment for a term of 3 years and a fine of Rs. 10000/- for offence under Section 363 RPC is also subject matter of challenge in this appeal.
2. Before we advert to the grounds of challenge urged by Mr. Rajesh Kotwal, learned counsel appearing for the appellants, we deem it appropriate to set out the prosecution story as was put up before the trial Court.
3. On 05-07-2016 at 7.30 pm, PW-3 Mehmood Ahmad lodged a written complaint in Police Station Mendhar alleging therein that, the appellants were his neighbors and on 04-07-2016,
The prosecution failed to prove the charges of kidnapping and gang rape beyond a reasonable doubt due to contradictory evidence and lack of medical corroboration.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
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