Jammu: The Jammu and Kashmir High Court on Monday upheld acquittal of a man who was accused of raping a woman inside a cattle-shed in Thathri area in Doda district of Jammu region.
“We find that the findings recorded by the trial court can neither be termed as perverse, contrary to the evidence or erroneous, therefore, no case for interference in this acquittal appeal is made out,” said a division bench of Justices Alok Aradhe and B. S. Walia and dismissed an appealed filed by state through Station House Officer of Thathri police station against trial court’s judgment of 31 May 2014.
According to the prosecution, on the evening of 12 January 2003, the alleged victim was in cattle shed, which belongs to one Jaswant Singh and where the cattle of the woman were also kept.
“At that time, Shakti Kumar came to the cattle shed and committed rape with the woman,” the prosecution said.
Thereupon, the police filed the First Information Report on 14 January 2003 and later presented the charge sheet in the court against Kumar for raping the woman.
“It is well settled in law that (High) Court while hearing an acquittal appeal can re-appreciate the evidence, however, it should not interfere with the order of acquittal if the view taken by the trial Court is also a reasonable view of the evidence on record and the findings recorded by the trial Court are not manifestly erroneous, contrary to the evidence on record or perverse,” the court added.
ADVERTISEMENT
