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| HC upholds conviction in rape case | | | Early Times Report
JAMMU, June 29: Justice Sanjay Dhar today upheld imprisonment awarded by District Reasi in a rape case. While upholding the imprisonment of seven years to Subash Chander, Justice 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. On 4-5-2021 the prosecutrix (name withheld) accompanied with her mother submitted a written report in the police station allegedly that on 4-5-2011 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 forcibly caught her from the arms and dragged to the bushes. He gagged her mouth with his hand and threatened her of life. Thereafter, he committed rape upon her. After the crime accused ran away.
Principal Sessions Judge Reasi S R Gandhi observed that the 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. The court ordered that Subhash shall undergo rigorous imprisonment for seven years and a fine of Rs.10, 000 against the judgment of trial court present appeal was filed. |
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