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2026 Supreme(Online)(J&K) 314

HIGH COURT OF JAMMU AND KASHMIR
YAWAR AHMAD BHAGAT – Appellant
Versus
UNION TERRITORY THROUGH POLICE STATION YARIPORA (HOME) – Respondent


IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 09.04.2026 Pronounced on:24.04.2026 Uploaded on: 24.04.2026 Whether the operative part or full judgment is pronounced: Full CrlA(S) No.03/2025 YAWAR AHMAD BHAGAT ...APPELLANT(S)

Through: - Mr. Zahid Hussain, Advocate, with M/S: Bhat Shafi, Zahid Afzal and Naveed Bukhtiyar, Advocates.

Vs.

UT OF J&K THROUGH P/S YARIPORA …RESPONDENT(S)

Through: - Mr. Zahid Qais Noor, GA.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

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 imprisonment for a period of six months.

2) Briefly stated, the prosecution case is that on 07.12.2018, Police Statio

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