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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE RAJNESH OSWAL, J
Shabir Ahmad Naik, S/o Abdul Ahad Naik – Appellant
Versus
UT of J&K through SHO P/S Zakoora – Respondent
JUDGMENT :
1. This appeal is directed against the judgment of conviction and the order of sentence, each dated 07.06.2024 passed by the Fast Track Court for POCSO Cases, Srinagar (for short "the trial court”), whereby the appellant has been convicted for the commission of offence under section 10 of Protection of Child from Sexual Offences Act (for short "the POCSO Act‟) and sentenced to undergo simple imprisonment of seven years along with fine of Rs.25,000/-. In case of default in payment of fine, he has been directed to undergo further imprisonment for six months.
2. Mr. Wajid Mohammad Haseeb, learned counsel appearing for the appellant has raised the following issues:
(i) That there is unexplained delay in lodging of FIR and the same makes prosecution case doubtful.
(ii) That the appellant was charged for an attempt to commit an offence of sexual assault and once he was charged for attempt to commit an offence, he could not have been convicted for commission of substantive offence.
(iii) That there are material contradictions in the evidence led by the prosecution, but the learned trial court has ignored the same while convicting the appellant.
(iv) That the age of minor victim has n
The court upheld the conviction for aggravated sexual assault under the POCSO Act, emphasizing the sufficiency of evidence despite procedural claims of the defence.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The court affirmed the conviction under the POCSO Act, emphasizing the necessity of establishing foundational facts, including the age of victims, and upheld the credibility of victim testimonies des....
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