Excelsior Correspondent
JAMMU, Nov 24: Court of Additional District & Sessions Judge, Doda Amarjeet Singh Langeh has set aside the judgment of court of Judicial Magistrate 1st Class Thathri dated 07.06.2014 in case titled “State Vs Rakesh Kumar” in which accused/appellant was convicted for offence under Section 354 of RPC and sentenced to undergo simple imprisonment for one month and a fine of Rs. 1000.
Allegations against appellant were that on 05.03.2009, when prosecutrix had gone to attend natural call in the morning, accused chased her, caught hold of her and outraged her modesty, injured her by throwing stone at her and threatened her of sexual assault in future and of dire consequence.
“Another interesting feature of the case is that trial court considered evidence adduced to be insufficient to rope in appellant for offences under section 323 & 506 of RPC. What distinguishing feature the evidence led, had to be relied upon to sustain conviction of appellant for offences under Section 354 of RPC-could not be delineated by trial court in judgment impugned” adding, “this aspect also does not bode well for prosecution”.
Court further held that “A fortiori therefore, the evidence led by prosecution, in particular the testimony of prosecutrix itself does cast a cloud of suspicion on the credibility of entire warp and woof of prosecution story. The court below therefore has not appreciated the evidence in correct perspective and finding recorded by it thus is erroneous and perverse”.
With these observations, the court accepted the appeal and acquitted the accused.
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