Excelsior Correspondent
JAMMU, Feb 22: State High Court has upheld the judgment passed by Sessions Judge Reasi whereby Nishat Ahmed, son of Mohd Hussain of Gorta was convicted and awarded seven years imprisonment in rape case.
According to the police case, on May 27, 2007 a written report was lodged in the Police Station Reasi alleging that prosecutrix was raped by the accused when she was alone in the rented room. Accordingly, a case was registered and after completion of investigation challan was presented in the court of law within a period of one month.
The Sessions Judge Reasi awarded seven years imprisonment and fine of Rs 5000 which was challenged in the High Court.
After hearing both the sides, Justice Mansoor Ahmed Mir observed, “the trial court after examining the entire material and the prosecution witness held that the accused is involved in the commission of offence punishable under Section 376 RPC and was convicted and sentenced to undergo seven years imprisonment”.
“The defence counsel has failed to shatter/demolish the evidence of prosecution while conducting cross-examination. The court is of the considered view that the trial court has rightly convicted and sentenced the accused. Appellant-accused is in the lock-up right from May 27, 2007 and has served five years, eight months and seventeen days till today. It also appears that he is entitled to remission as per the Jail Manual”, Justice Mir said and dismissed the appeal.
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