Excelsior Correspondent
JAMMU, Apr 11: In a recent development, the Court of Additional Sessions Judge in Doda has set aside the conviction of Niaz Ahmed, who was accused of assaulting a woman in a forest area in 2011.
The appellant was earlier convicted under section 323 of the RPC and sentenced to three months of simple imprisonment along with a fine of Rs 1,000.
The allegations against Ahmed were that he had blocked the woman’s way and outraged her modesty before pushing her down a retain wall and fleeing.
However, the trial court acquitted Ahmed of the charges of outraging the modesty of the complainant, assaulting her with grievous hurt, and obstructing her way, but convicted him for the offence under section 323 of the RPC.
The appeal challenging the conviction was allowed by the Court of Additional Sessions Judge, Amarjeet Singh Langeh, who observed that the trial court had failed to explore the underlying motive of Ahmed to cause hurt to the complainant by assaulting her.
The court also highlighted the glaring omissions in the investigation and the improper appreciation of the testimony of the complainant in conjunction with other lead witnesses by the trial court.
The court concluded that the occurrence did not seem to have taken place in the manner alleged by the prosecution and set aside the judgment impugned on account of being perverse, improper, and erroneous. Ahmed was subsequently acquitted.
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