Excelsior Correspondent
Srinagar, Nov 3 : High Court has acquitted a teacher accused of rape of 8th standard student citing weak and shaky evidence.
The Division Bench of Justice Atul Sreedharan and Justice Mohan Lal observed that it would be highly ‘dangerous and hazardous’ to hold an accused guilty on basis of weak, shaky and unacceptable evidence and allowed the appeal of accused Mohammad Maqbool Ganai who was sentenced for 20 years by the court below for committing the offence of rape.
The Principal Sessions Judge Shopian last year had held the accused-Ganai guilty for commission of offences in FIR (No. 179/2015) of Police Station Shopian under Sections 376(2)(f)/342/506 RPC and sentenced him to rigorous imprisonment of 20 years and fine of Rs 10 lakhs with one year and 2 years imprisonments under Sections 342 & 506 RPC respectively.
The counsel representing accused-Ganai submitted that while writing judgment the trial court did not translate the complete version of prosecution witnesses and only adopted “pick and choose” method in appreciating the prosecution evidence with conceived notion to punish him.
“Glaring contradictions and inconsistencies have emerged in the depositions of prosecutrix and other prosecution witnesses. Medical evidence of a Doctor has totally exonerated the appellant from commission of act of rape”, division bench said.
The court said that the prosecution case has been found wanting, “as no cogent, conclusive and creditworthy evidence has been led by the prosecution to prove the guilt of appellant-convict.
Court on proper assessment, evaluation and estimation of the evidence adduced by the prosecution said, the evidence appears to be weak, fragile, lacking in credibility. Court said the evidence of prosecution does not prove connecting link between the accused and commission of offences. “It would be highly dangerous and hazardous to hold the appellant/convict guilty of offences alleged against him on the basis of weak, shaky and unacceptable evidence”, the Court observed.
The court allowed the appeal of Ganai and acquitted him from all the charges of prosecution by setting aside the sentence and conviction as awarded by the trial court against him last year.
Follow our WhatsApp channel