ABDUL GANI Vs. STATE OF J & K

JUDGEMENT

(1.) Both these appeals arise out of the judgment of conviction and sentence dtd. 26/8/2003 passed by the court of learned 4thAdditional Sessions Judge, Srinagar, (for short 'the Trial Court'), whereby appellant in CRA No. 10/2003 has been convicted and sentenced to rigorous imprisonment for seven years for commission of offence under Ss. 376, two years for offence under 366 of RPC and one year for commission of offence under Sec. 344 RPC, whereas the appellant in Appeal No. 11/2003 has been convicted and sentenced to two years of imprisonment for commission of offence under Sec. 366 of RPC and one year for commission of offence under Sec. 344 of RPC. Besides, both the appellants have been directed to pay fine of Rs.2,000.00 each.

(2.) The appellant-Abdul Gani Akhoon has impugned the judgment and order of conviction dtd. 26/8/2003 on the ground that the learned Trial Court has passed the impugned judgment on the sole testimony of the prosecutrix, and her statement was to be necessarily corroborated by other witnesses, in respect of the place where the prosecutrix was allegedly confined, who was the driver of auto rickshaw etc. Precisely it is urged by the appellant that other material witnesses were not associated with the investigation to corroborate the statement of the prosecutrix.

(3.) The appellant-Noor Mohammad has impugned the judgment on the ground that judgment is contrary to weight of evidence and the learned trial court has not appreciated the evidence in its right perspective.