Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
Abdul Gani Akhoon, S/O Gh. Mohd. Akhoon – Appellant
Versus
State of J&K through Public Prosecutor – Respondent
JUDGMENT :
Rajnesh Oswal, J.
1. Both these appeals arise out of the judgment of conviction and sentence dated 26.08.2003 passed by the court of learned 4th Additional Sessions Judge, Srinagar, (for short ‘the Trial Court’), whereby appellant in CRA No. 10/2003 has been convicted and sentenced to rigorous imprisonment for seven years for commission of offence under Sections 376, two years for offence under 366 of RPC and one year for commission of offence under section 344 RPC, whereas the appellant in Appeal No. 11/2003 has been convicted and sentenced to two years of imprisonment for commission of offence under Section 366 of RPC and one year for commission of offence under Section 344 of RPC. Besides, both the appellants have been directed to pay fine of Rs. 2,000/- each.
2. The appellant-Abdul Gani Akhoon has impugned the judgment and order of conviction dated 26.08.2003 on the ground that the learned Trial Court has passed the impugned judgment on the sole testimony of the prosecutrix, and her statement was to be necessarily corroborated by other witnesses, in respect of the place where the prosecutrix was allegedly confined, who was the driver of auto rickshaw etc. Precisely it
In cases of sexual offences, the sole testimony of the victim may suffice for conviction only if it is clear and consistent; inconsistencies may necessitate corroborative evidence, leading to acquitt....
The court ruled that a victim's testimony must be clear and corroborated for conviction; inconsistencies in the prosecutrix's statements led to the acquittal of the appellants.
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
