TAUSEEF AHMAD
SRINAGAR, Aug 17: The Jammu and Kashmir, and Ladakh High Court has upheld the conviction of a man in a sexual abuse case involving a minor, dismissing his appeal against the lower court’s judgment.
In a detailed ruling, Justice Sanjay Dhar reaffirmed the conviction delivered on February 22 by the Additional Sessions Judge of the Fast Track Court in Kulgam. The accused, Sajad Ahmad Bhat, was convicted under Section 376 read with Section 511 of the Ranbir Penal Code (RPC) and sentenced to four years of rigorous imprisonment along with a fine of Rs 10,000.
Bhat had challenged the conviction and the sentence, arguing that the lower court had wrongly appreciated the evidence on record. His appeal hinged on several key contentions. Firstly, Bhat argued that the victim, during her testimony before the trial court, did not support the prosecution’s case, yet the trial court relied on what he termed as “uncorroborated testimony” from a prosecution witness to secure his conviction. He asserted that this reliance was contrary to legal principles.
Bhat further pointed out discrepancies in the statements of the prosecution witnesses, particularly regarding the location of the alleged crime. He argued that these contradictions on vital aspects were ignored by the trial court, leading to what he claimed was a flawed judgment.
Another significant point raised by the appellant was the alleged insufficiency of the medical evidence to support the prosecution’s narrative. He contended that this gap further undermined the lower court’s judgment, making it liable to be overturned.
Bhat also criticized the investigation, noting that the investigating officer failed to record the statements of other children who were allegedly playing with the victim shortly before the incident. He argued that this omission constituted a critical gap in the evidence, and that the absence of this testimony should have worked against the prosecution’s case.
Moreover, Bhat argued that the prosecution failed to establish the essential elements of the offense under Section 376/511 RPC, which pertain to attempted rape.
Despite these arguments, the High Court found the evidence against Bhat compelling. The court noted that there was clear evidence indicating that the appellant had fiddled with the private parts of the victim, resulting in minor injuries. Furthermore, the presence of semen on certain parts of the victim’s body was confirmed through the evidence on record.
Justice Dhar observed that the appellant had taken significant steps towards committing rape, and it was only due to the timely intervention of a prosecution witness that the crime was not fully realized. The court emphasized that this constituted a clear case of attempted rape, dismissing the appellant’s arguments as without merit.
Justice Dhar praised the lower court’s judgment for its meticulousness, noting that it was both well-reasoned and well-crafted. He expressed his appreciation for the manner in which the evidence had been assessed by the trial court.
The High Court found no merit in Bhat’s appeal, upholding the conviction and dismissing the appeal. The court ordered that Bhat, who is currently in custody, continue to serve the remainder of his sentence as imposed by the trial court.
