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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Yawar Ahmad Bhagat – Appellant
Versus
Ut Of J&K, Through P/S Yaripora – Respondent
| Table of Content |
|---|
| 1. trial court convicted appellant of statutory rape. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. appellant argues contradictions and invalid age proof. (Para 8) |
| 3. prosecutrix admitted consensual elopement and relations. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. school records insufficient without source verification. (Para 16 , 17 , 18 , 20 , 21 , 22 , 23) |
| 5. prosecution failed to prove prosecutrix under 18. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. teen consensual affair not statutory rape. (Para 31 , 32 , 33) |
| 7. appeal allowed; conviction set aside. (Para 34 , 35) |
JUDGMENT :
SANJAY DHAR, J.
1) The appellant has challenged judgment dated 12.03.2025 passed by learned Additional Sessions Judge (Fast Track Court), Kulgam (hereinafter referred to as “the trial court”), whereby he has been convicted for offence under Section 376 RPC. Challenge has also been thrown to order dated 14.03.2025, passed by the trial court, whereby the appellant has been sentenced to undergo imprisonment for a period of eight years and to pay a fine of Rs.10,000/ for commission of offence under Section 376 RPC. In default of payment of fine, the appellant has been directed to undergo further rigorous impri
School records' date of birth entries admissible but not conclusive proof of age without evidence of basis; prosecution must prove victim's minority beyond reasonable doubt for statutory rape convict....
The age of the prosecutrix is critical in rape cases; if she is below 16, consent is irrelevant, establishing the accused's guilt under Sections 363 and 376 RPC.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
A perusal of Rule 12(3) of J.J.Rules itself reveals that the first priority has to be given to the Matriculation or equivalent certificate and in the absence thereof, to the date of birth certificate....
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
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