J&K HC dismisses man’s appeal challenging conviction in sexual abuse case

Srinagar, Aug 17 (PTI) The Jammu and Kashmir, and Ladakh High Court here has dismissed a man’s appeal challenging his conviction by a lower court in a sexual abuse case of a minor.

The court of Justice Sanjay Dhar upheld the conviction in the February 22 judgment by Additional Sessions Judge (fast track court), Kulgam.

Accused Sajad Ahmad Bhat was convicted under Section 376 read with Section 511 of the Ranbir Penal Code (RPC) and sentenced to undergo rigorous imprisonment for four years and pay a fine of Rs 10,000.

However, Bhat challenged the impugned judgment of conviction and the order of sentence because the same is based upon the wrong appreciation of evidence on record.

He contended that the victim while making her statement before the trial court did not support the prosecution case, but the trial court relied upon the “uncorroborated testimony” of the prosecution witness for recording the conviction against the appellant which is not in accordance with the law.

He also argued that there were contradictions in the statements of the prosecution witnesses inter se on vital aspects of the case, particularly with regard to the site of the alleged occurrence, but the same were overlooked by the learned trial court while passing the impugned judgment.

Bhat said even the medical evidence does not support the prosecution version and on this ground also, the impugned judgment is liable to be quashed.

The appellant also contended that the investigating officer had failed to record statements of other children who were allegedly playing with the victim just before the occurrence. Thus, a vital piece of evidence has been withheld by the prosecution.

According to the appellant, the presumption is required to be drawn against the prosecution on account of the withholding of vital evidence.

Lastly, he contended that the ingredients of the offence under Section 376/511 RPC have not been established by the prosecution.

However, the high court said there is evidence on record to show that the appellant/accused has fiddled with a private part of the victim which has resulted in minor injuries and there is also evidence on record to show that semen was found on certain parts of the body of the victim.

Thus, the evidence on record clearly shows that the appellant/accused had done all that was required in accomplishing his evil design of committing rape upon the victim but for the fact that the prosecution witness reached the spot in the nick of time, the appellant would have succeeded in his evil design of committing rape upon a child of tender age, the court said.

Therefore, it said, it is a clear-cut case of attempt to rape. The argument of learned counsel for the appellant/accused in this regard is without any merit.

Justice Dhar said he does not find any ground to interfere with the well-reasoned and well-crafted judgment of the learned trial court.

In fact, this court records its appreciation for the manner in which the judgment has been drafted and the evidence has been appreciated by the trial court in the present case, he said in the order.

The high court said it did not find any merit in the appeal, and the impugned judgment of conviction passed by the learned trial court is upheld and the appeal is dismissed accordingly.

The appellant, who is in custody, shall remain in jail for serving the remaining period of the sentence imposed upon him by the trial court, the high court said.