Excelsior Correspondent
Srinagar, June 26: The High Court has acquitted a person for rape charges in about four decades old case and recorded that he could not have been convicted by the trial court on sole testimony of prosecutrix.
The prosecution case is that in January 1985, Block Medical Officer, Bandipora, addressed a communication to Police Station, Bandipora, stating therein an unknown lady came to the hospital complaining of abdominal pain with the further information that the lady gave birth to a live female baby and left the hospital in the evening.
The police registered FIR No.77/1985 for offence under Section 317 RPC and started investigation of the case. During investigating, it was found the 14-15 year old girl who had given birth to the baby stated before the police that the baby was born on account of sexual intercourse committed by one Farooq Ahmad Khan upon her.
Accordingly, after investigation of the case, offence under Section 376 RPC was found established against the appellant and the challan was laid before the trial court.
The court of Principal Sessions Judge Bandipora convicted the appellant for offence under Section 376 RPC in 2010 and sentenced him to undergo seven years rigorous imprisonment and a fine of Rs.10,000 for commission of offence under Section 376 RPC.
Khan challenged the conviction and award of sentence and Justice Sanjay Dhar while setting aside the quantum of sentence as awarded by the trial court said the prosecution has not examined the doctor and the IO. Even the doctor, on the basis of whose communication the FIR has been registered, has not stated anything about the occurrence as the communication allegedly written by him has not been made part of the challan.
“All these imperfections and lacunae in the case could have been explained by the Investigating Officer but unfortunately, he has not stepped into the witness box to explain the circumstances in this regard. This has caused a severe dent in the prosecution case”, Justice Dhar recorded.
The court taking into consideration all the circumstances of the case said the trial court has not taken note of all the facts while passing the conviction and quantum against the appellant. “The trial court has relied upon the sole testimony of the prosecutrix which is not of sterling quality and is full of contradictions and inconsistencies on vital aspects of the case”, Justice Dhar said.
Court said that it was incumbent for the trial court to look for corroboration without which the statement of the girl could not have been relied upon and unfortunately for the prosecution, excepting the statement of the girl, there is no evidence on record to support the prosecution case.
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