HC modifies rape conviction to attempt, reduces jail term from 10 years to 5
23/06/2026
SRINAGAR, Jun 22: The High Court of Jammu and Kashmir and Ladakh has modified the conviction of a man in a 2016 rape case, holding that the prosecution had failed to establish the offence of rape beyond reasonable doubt but had proved an attempt to commit the offence.
Justice Sanjay Parihar passed the judgment while allowing, in part, an appeal filed by Showkat Ahmad Seer against the conviction and sentence awarded by the Additional Sessions Judge, Handwara.
The trial court had convicted the appellant under Section 376 of the Ranbir Penal Code (RPC) and sentenced him to 10 years' rigorous imprisonment besides imposing a fine of Rs. 50,000.
Senior Advocate Tasaduq H. Khawaja, assisted by Advocate Naseer-ul-Akbar, appeared for the appellant and contended that the prosecution evidence contained material contradictions and was not fully corroborated by the medical evidence.
The Union Territory was represented by Government Advocate Faheem Nissar Shah, assisted by Advocate Haaris Khan.
After examining the evidence on record, Justice Parihar observed that while the prosecution had failed to prove the offence of rape beyond reasonable doubt, the evidence unmistakably established that the appellant had made a determined attempt to commit rape.
The High Court, accordingly, altered the conviction from Section 376 RPC to Section 376 read with Section 511 RPC.
Modifying the sentence, the Court reduced the imprisonment from 10 years to five years and reduced the fine from Rs. 50,000 to Rs. 10,000. In default of payment of the fine, the appellant shall undergo simple imprisonment for three months.
The Court also directed that the period already undergone by the appellant during investigation, trial and appeal shall be set off against the sentence in accordance with law.
SRINAGAR, Jun 22: The High Court of Jammu and Kashmir and Ladakh has modified the conviction of a man in a 2016 rape case, holding that the prosecution had failed to establish the offence of rape beyond reasonable doubt but had proved an attempt to commit the offence.
Justice Sanjay Parihar passed the judgment while allowing, in part, an appeal filed by Showkat Ahmad Seer against the conviction and sentence awarded by the Additional Sessions Judge, Handwara.
The trial court had convicted the appellant under Section 376 of the Ranbir Penal Code (RPC) and sentenced him to 10 years' rigorous imprisonment besides imposing a fine of Rs. 50,000.
Senior Advocate Tasaduq H. Khawaja, assisted by Advocate Naseer-ul-Akbar, appeared for the appellant and contended that the prosecution evidence contained material contradictions and was not fully corroborated by the medical evidence.
The Union Territory was represented by Government Advocate Faheem Nissar Shah, assisted by Advocate Haaris Khan.
After examining the evidence on record, Justice Parihar observed that while the prosecution had failed to prove the offence of rape beyond reasonable doubt, the evidence unmistakably established that the appellant had made a determined attempt to commit rape.
The High Court, accordingly, altered the conviction from Section 376 RPC to Section 376 read with Section 511 RPC.
Modifying the sentence, the Court reduced the imprisonment from 10 years to five years and reduced the fine from Rs. 50,000 to Rs. 10,000. In default of payment of the fine, the appellant shall undergo simple imprisonment for three months.
The Court also directed that the period already undergone by the appellant during investigation, trial and appeal shall be set off against the sentence in accordance with law.
Share This Story |
|
Comment On This Story |
|
|
|
|