HC upholds conviction in rape case

30/06/2021

JAMMU, Jun 29: Justice Sanjay Dhar today imprisonment awarded by District Reasi in Rape case.
While upholding the imprisonment of seven years to Subash Chander, Justice Sanjay Dhar observed that the evidence on record and having regard to the sterling quality of the statement of the prosecutrix, wherein she has consistently supported the prosecution case coupled with the corroborative medical evidence and the statement of the mother of the prosecutrix, this Court is not persuaded to take a view different from the one taken by the learned trial court. The view taken by the trial court is well reasoned and based on correct appreciation of evidence on record. Thus, the impugned judgment does not call for any interference from this Court.
Facts of the case is that on 04.05.2011 the prosecutrix (name withheld) accompanied with her mother submitted a written report in the police station allegedly that on 04.05.2011 at 6/7 p.m she was going to her land to bring back the cattle to her house. At the time when she was some distance away from her land, the accused namely Subash Chander S/o Durga Dass R/o Chappanu was hiding himself and forcibly caught hold her from the arms and dragged to the bushes. He gagged her mouth with his hand and threatened her of life. Thereafter, he forcibly broke the waist band of the Salwar and committed forcibly rape upon her. After crime accused ran away. Principal Sessions Judge Reasi S R Gandhi after hearing Public Prosecutor Rashi Baru for the state whereas Adv PD Singh for the accused observed that This court has come across the rape cases including this case in which the Panchyat has tried to settle and hush up such cases at the village level, thereby usurping the judicial powers. In this case Panchayat had settled the case with the condition that accused shall bear the expenses for the marriage of the prosecutrix. It is no part of their function to take cognizance of cases which involves moral turpitude, grave offences like rape etc. inasmuch as such offences are not restricted to two individuals. It may send wrong signal to the society and may adversely affect it. Rather it amounts to interference in the administration of justice. Such practice needs to be curbed by taking remedial steps by the concern. It would be welcome step in case the village Panchyats could make endeavor to settle the compoundable cases at their level. With these observations Court ordered that Subhash Chander shall undergo rigorous imprisonment for seven years and a fine of Rs.10,000/-. Against the judgment of trial Court present appeal was filed.

Photo Gallery

BSE Sensex

NSE Nifty