Excelsior Correspondent
SRINAGAR, Mar 9: High Court has set-aside the imprisonment for 10 years in a rape case with the observations that trial court while passing the impugned judgment has not appreciated the evidence on record in its proper perspective which has led it to perverse conclusions.
“The impugned judgment passed by the trial court is, therefore, not sustainable in law. The appeal is, accordingly, allowed and the impugned judgment of conviction and the order of sentence are set aside”, High Court said.
The significant judgment has been passed in an appeal filed by one Shabir Ahmed Malik challenging the judgment dated 31.08.2021 passed by Additional Sessions Judge/PO Fast Track Court, Kulgam, whereby he has been convicted for offences under Section 366 and 376 RPC.
Challenge has also been thrown to order dated 06.09.2021 passed by the trial court whereby appellants has been sentenced to undergo ten years rigorous imprisonment and a fine of Rs 5000 for commission of offence under Section 376 RPC and a rigorous imprisonment of five years and a fine of Rs 3000 for commission of offence under Section 366 RPC.
“Evidence led by the prosecution lends credence to the inference that the prosecutrix had accompanied the appellant/ accused out of her own will. It has come in the evidence on record that the prosecutrix and the appellant/ accused were caught by police while they got down from the vehicle in Kulgam. It is not a case where the police raided the premises of appellant/accused and recovered the prosecutrix from his custody”, High Court said.
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