Excelsior Correspondent
SRINAGAR, June 3: As the prosecution has failed to prove the kidnapping and raping of a young girl before the trial court, the High Court upheld the acquittal of a person as the court said the verdict of court below does not call for any interference.
Appellant-State had filed the instant acquittal appeal against the judgment of Sessions Judge, whereby the respondent has been acquitted of the charges for the commission of offences punishable under sections 363, 376 and 323 RPC, asserting therein that despite commission of offences by the respondent and having kidnapped, raped, and causing injury to the victim the trial court has acquitted the accused on flimsy grounds without appreciating the prosecution evidence in its right perspective.
“…this court is of the considered opinion that the prosecution had failed to prove its case beyond any reasonable doubt to prove the charge against the accused-respondent for recording his conviction for any of the offences punishable under sections 363, 376 and 323 RPC of which he was charged by the trial court and had rightly been acquitted. The judgment impugned does not call for any interference by this court while exercising the appellate jurisdiction. The Criminal Acquittal Appeal is, thus, dismissed”, Court determined.
The father of the victim moved to concerned Police Station with a complaint mentioning therein that his daughter ‘X’ who was a student of matriculation, while returning from her maternal grandmother’s house in April 2000 was forcibly kidnapped and on receipt on his written application a case was registered at Police Station for the commission of offences punishable under sections 363/109 RPC.
After investigation of the case, chargesheet came to be filed against accused-respondent for the commission of offences punishable under sections 363/376/323 RPC before the court of law and the accused-respondent was charge-sheeted for the commission of the offences by learned Sessions Judge vide his order dated 15.07.2000, who pleading innocence denied the charge and claimed trial.
Trending Now
E-Paper
Follow our WhatsApp channel