JAMMU: The High Court has overturned the conviction in the gang rape case.

Jammu: The Jammu and Kashmir and Ladakh High Court has overturned the 2013 gang-rape conviction of Jitender Singh alias Dimple alias Rinku, a matador conductor from Udhampur, in a 2005 case. The court stated that the prosecution failed to prove the accused’s guilt. Justice Mohammad Yousuf Wani delivered the judgment, allowing Criminal Appeal (CRA) No. 06/2013 and setting aside the judgment of the Sessions Court Udhampur dated January 28, 2013. The case pertains to FIR No. 109/2005 of Police Station Udhampur. The victim, who was a Class 8 student at the time, had alleged that she was sexually assaulted near Jaganoo Morh after traveling in a matador from Udhampur town on May 25, 2005. The trial court had convicted the driver, Sanjay Kumar, and the conductor, Jitender Singh, under Sections 376(2)(g) and 342 RPC, sentencing both to 10 years of rigorous imprisonment and a fine.
The High Court noted that the appeal proceedings against Sanjay Kumar had already abated following his death during the pendency of the appeal. Re-examining the record, the High Court emphasized the unexplained delay of 11-12 days in filing the FIR, significant contradictions in the victim’s statements at different stages, and discrepancies between the direct and medical evidence. The court also pointed out the failure to examine the investigating officers and deficiencies in the evidence regarding the victim’s age. Reiterating that in cases of sexual offenses, a conviction can be based solely on the victim’s statement if it is wholly trustworthy, the court held that the evidence in this case did not meet the standard of “sterling witness” required to sustain a conviction without corroborative evidence. Therefore, the High Court quashed the conviction and sentence passed in FIR No. 109/2005 vide charge sheet No. 22/2006, acquitted Jitendra Singh alias Dimple alias Rinku, and ordered his release from custody in this case. His bail bond was also ordered to be discharged.