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J&K HC acquits Shopian teacher of raping 8th Class student

KT NEWS SERVICE. Dated: 11/4/2023 6:13:14 AM

*Trial court judgment overturned

A file photo of J&K High Court in Srinagar.

SRINAGAR, Nov 03: The Jammu and Kashmir High Court has acquitted a teacher from Shopian, who was previously convicted of raping an 8th class student, overturning the verdict of the trial court, District and Sessions Judge, Shopian.
As per news agency Kashmir Scroll, the teacher had been sentenced to 20 years of rigorous imprisonment and ordered to pay a fine of Rs 10 lakhs by the District and Sessions Judge, Shopian.
The High Court, in its ruling, deemed it dangerous to hold the accused guilty solely based on weak and shaky evidence. After a thorough examination of the case, the court concluded that the evidence presented against the teacher did not convincingly establish his guilt beyond a reasonable doubt.
The case had initially gained immense attention as it involved a heinous crime committed against a young student. However, the High Court's decision highlights the importance of ensuring a fair and robust judicial process, where the burden of proof lies heavily on the prosecution.
The acquitted teacher, who had maintained his innocence throughout the trial, expressed relief and gratitude following the High Court's judgment. He thanked his legal team for advocating his innocence and maintaining faith in the justice system.
Meanwhile, as per the court order of which a copy lies with News Agency Kashmir Scroll reads on proper assessment, evaluation and estimation of the evidence adduced by the prosecution, we find that the evidence appears to be weak, fragile,
lacking in credibility, does not prove connecting link between the accused and commission of offences.
It would be highly dangerous and hazardous to hold the appellant/convict guilty of offences alleged against him on the basis of weak, shaky and unacceptable evidence.
The whole case of the prosecution, therefore, becomes doubtful. For the foregoing reasons and discussion, we are of the considered view, that prosecution has miserably failed to prove the guilt of the appellant/convict beyond reasonable doubt for commission of offences Under Sections 376(2)(f)/342/506 RPC.
The Criminal Conviction Appeal, therefore, deserves to be allowed and the same is allowed. Resultantly, the impugned judgment dated 10.10.2022 and order of sentence dated 17.10.2022 rendered by the Court of Ld.
Principal Sessions Judge Shopian in file case No.69/2015/Sessions titled
State Versus Mohd Maqbool Ganai based on surmises, assumptions and presumptions is unsustainable in the eyes of law and the same is set
aside/quashed.
Appellant/convict Mohd Maqbool Ganai son of Mohd Anwar Ganai, resident of D.K.Pora, Harmain, Shopian, who is lying in Judicial custody in District Jail Pulwama (Kashmir), is therefore, acquitted of the charges leveled against him for commission of offences Under Sections 376(2)(f)342/506 RPC and shall forthwith be released from the custody if not required in any other case.
He shall stand discharged from his bail and personal bonds. Criminal conviction appeal is disposed of, and after due compilation under rules, shall be consigned to
record.
Record of the trial court be sent back forthwith alongwith copy of the judgment for information of the trial court the court order further reads.