The High Court of Jammu, Kashmir, and Ladakh has dismissed an appeal by a man challenging his earlier conviction in a case involving the sexual abuse of a minor. The court confirmed the judgment delivered by the Additional Sessions Judge (fast track court) in Kulgam, which had sentenced the accused, Sajad Ahmad Bhat, to four years of rigorous imprisonment and a fine of Rs 10,000.
Justice Sanjay Dhar, in his ruling, reiterated the lower court’s decision, stating that the evidence was sufficient to uphold the conviction. The court detailed that Bhat was found guilty under Section 376 combined with Section 511 of the Ranbir Penal Code (RPC), dealing with the attempt to commit rape.
Bhat’s defense argued that the conviction was flawed, citing discrepancies in witness statements and a lack of corroborative evidence, including medical findings. They contended that vital evidence was overlooked, including statements from children who were with the victim just before the incident. However, Justice Dhar dismissed these claims, pointing out that there was concrete evidence showing the accused had tampered with the victim, resulting in injuries and the presence of semen on the victim’s body.
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The court concluded that the intervention of a witness prevented a full assault, categorizing the incident as an attempted rape of a young child. “The evidence on record clearly shows that the appellant/accused had done all that was required in accomplishing his evil design of committing rape upon the victim but for the fact that the prosecution witness reached the spot in the nick of time,” stated the judgment.
