HC upholds 14-year jail term in Udhampur minor rape case

15/11/2026

Jammu, Nov 14: The High Court of Jammu and Kashmir and Ladakh has upheld the conviction and 14-year rigorous imprisonment awarded to a Udhampur man for raping an eight-year-old girl in 2017, observing that the credible and trustworthy testimony of a child victim can form the sole basis of conviction.
A Division Bench comprising Justice Sanjay Dhar and Justice Shahzad Azeem dismissed the criminal appeal filed by Sanjay Kumar alias Sanju, a resident of Jib, Udhampur, challenging his conviction by the Additional Sessions Judge, Udhampur.
The trial court had convicted him under Sections 376 and 342 of the Ranbir Penal Code (RPC), awarding 14 years' rigorous imprisonment and a fine of Rs. 1 lakh for rape, besides one year's imprisonment for wrongful confinement.
According to the prosecution, the incident took place on April 23, 2017, when the eight-year-old victim was playing hide-and-seek with other children at the accused's residence. The accused allegedly took her into a room, closed the door and sexually assaulted her.
The child later returned home crying and bleeding and narrated the incident to her mother, following which FIR No. 50/2017 was registered at Police Station Rehmbal.
During the hearing, Senior Advocate Surinder Kour, assisted by Advocate Manpreet Kour, appeared for the appellant, while Senior Advocate Raman Sharma, assisted by Advocates Kartikay Sharma and Saliqa Sheikh, represented the Union Territory of Jammu and Kashmir.
The defence questioned the prosecution evidence, pointing to alleged contradictions in witness statements, delay in recording statements and a purported land dispute between the families.
Rejecting these arguments, the Division Bench observed that minor discrepancies and procedural delays could not discredit an otherwise reliable prosecution case.
The Bench noted that the child had consistently narrated the incident, identified the accused and withstood detailed cross-examination without any material contradiction.
The Court also took note of the medical evidence furnished by Dr Sanjay Verma, who had examined the victim and recorded injuries consistent with sexual assault.
The High Court reiterated that the testimony of a prosecutrix, if found credible and trustworthy, is sufficient to sustain a conviction and that corroboration is not an indispensable requirement of law.
It further observed that the child's consistent account, her immediate disclosure to her mother and the supporting medical evidence established the prosecution case beyond reasonable doubt.
The Bench also rejected the contention regarding delay in recording witness statements, noting that the investigating officers had satisfactorily explained the delay. The allegation of false implication arising out of a land dispute was also found unsupported by evidence.
Finding no illegality or infirmity in the trial court's judgment, the Division Bench dismissed the appeal and upheld the conviction and sentence awarded to Sanjay Kumar under Sections 376 and 342 RPC.

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