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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Naresh Kumar son of Des Raj – Appellant
Versus
UT of Jammu and Kashmir through SHO P/S Bani – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. challenges to evidence credibility. (Para 7 , 8 , 9 , 11 , 13) |
| 3. issues with prosecution's evidence. (Para 10 , 12 , 19 , 21) |
| 4. reliability of victim testimony. (Para 14 , 15 , 16) |
| 5. court's conclusion and outcome. (Para 22 , 23 , 24) |
JUDGMENT :
Sanjay Dhar, J.
1. The present appeal is directed against judgment dated 24.01.2024 passed by the learned Principal Sessions Judge, Kathua (‘the trial Court’ for short) whereby the appellant has been convicted for offences under Sections 363/376/343 RPC, where-after, in proof of offence under Section 363 RPC, the appellant has been sentenced to undergone simple imprisonment for a period of 07 years and to a pay a fine of Rs.5000/-, in proof of offence under Section 376 RPC, he has sentenced to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs.10,000/-, and, in proof of offence under Section 343 RPC, the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/-. All the sentences have been directed to run concurrently.
2. Before proceeding to discuss the grounds of challenge, it wou
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
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.
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
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....
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 sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
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.
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