Prosecutrix turns hostile; lack of evidence and alleged fabrication lead to acquittal of accused in charges under IPC and IT Act.
In a significant judgment, the Jammu and Kashmir High Court has upheld the acquittal of Bilal Ahmad Wani and others in a contentious case involving charges of sexual assault and transmission of lascivious material, citing a lack of evidence and the prosecutrix's hostile stance. The appeal, filed by the Union Territory of J&K, challenged the trial court's decision to acquit the accused of charges under Sections 376D, 509, 506, 120B, 201 of the Indian Penal Code (IPC) and Section 67 of the Information Technology (IT) Act.
The case originated from an FIR lodged by the prosecutrix in April 2020, alleging rape by the accused, who were also accused of circulating a video of the incident on social media. However, during the trial, the prosecutrix retracted her allegations, stating the videos were fake and no assault had occurred. This pivotal shift led to the trial court's decision to truncate proceedings and acquit the accused, which the prosecution later appealed.
Justice Sanjay Dhar, presiding over the appeal, highlighted the absence of corroborative evidence linking the accused to the alleged crimes. The Court noted the failure of the investigating agency to establish the authenticity of the electronic evidence and the lack of material to prove the transmission of lascivious content, which was crucial for a conviction under the IT Act.
The defense successfully argued that the relationship between the prosecutrix and the accused was consensual, further weakening the prosecution's case. The Court also criticized the prosecution for not presenting a full array of witnesses, including the failure to summon the Forensic Science Laboratory (FSL) expert who examined the digital evidence.
The judgment underscores the challenges faced by the justice system in cases involving digital evidence and the importance of thorough investigation and credible witness testimony. With this decision, the High Court reaffirmed the trial court's stance that continuing with the prosecution would be an exercise in futility, given the lack of substantive evidence.
Bottom Line:
Acquittal of accused in case involving charges under IPC and IT Act due to lack of evidence and fabrication of allegations; prosecutrix turned hostile and denied occurrence of crime.
Statutory provision(s): Indian Penal Code, 1860 Sections 376D, 509, 506, 120B, 201; Information Technology Act, 2000 Section 67.
UT of J&K v. Bilal Ahmad Wani, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2828485
