Excelsior Correspondent
Srinagar, June 17: High Court has dismissed the appeal of prosecution challenging the verdict of trial court’s acquittal of an accused in kidnapping and rape case for failing to prove the offences.
The FIR with regard to commission of offences under for kidnapping and rape was registered against accused-Jai Paul and Jeep Singh in Police Station Assar in Doda district on a complaint was lodged father of the victim of village Chadota Patta of Assar Doda in July 2016 and after completion of the investigation, the offences under Sections 363/376/342/506/109 RPC were established against the both persons and the charge sheet was produced before the Court of law.
The trial court after hearing the prosecution and the defence, framed charges against the accused persons for the commission of offence under Sections 363,376, 342, 506 and 109 RPC. However, the accused persons denied the charges. Prosecution in a bid to prove its case examined its witnesses, and after completion of the trial, the Additional Sessions Judge acquitted the accused persons from the charges framed against them.
The judgment of acquittal has been assailed by the State on the ground that the same is contrary to law and against the facts of the case and has been passed in a mechanical manner by the court below, without appreciating the evidence on record, the conclusion of prosecution drawn is against the weight of evidence, occurrence has been proved.
Prosecution pleaded that there is sufficient material on record to convict the accused persons but the trial Court by ignoring the evidence has based his judgment on surmises and conjectures which has to lead the acquittal of the accused persons from the commission of offences indicted against them.
The division bench of Justice Tashi Rabstan and Justice Mohan Lal while dismissing the appeal of prosecution said the evidence led by the prosecution is weak, fragile, scanty and unworthy of reliance.
Court said that the deposition of all the prosecution witnesses examined, no ground has been made by the appellant-prosecution for seeking leave of this Court to file instant acquittal appeal against the accused persons.
“We do not find any illegality, perversity or impropriety in the impugned judgment of acquittal rendered by the trial Court which stands upheld and confirmed”, DB concluded.
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