High Court acquits Shopian teacher convicted of rape

Our Correspondent

Srinagar, November 4

The High Court of J&K and Ladakh has acquitted a teacher from south Kashmir’s Shopian who was previously convicted of raping a student of Class 8.

‘Proof Insufficient, unreliable’

• The High Court, in its ruling, found it unsafe to hold the accused, a teacher from Shopian, guilty of a student's rape solely based on insufficient and unreliable evidence
• Muhammad Maqbool Ganai had initially been sentenced to 20 years of rigorous imprisonment and ordered to pay a fine of Rs 10 lakh by a District and Sessions Judge

The teacher, Muhammad Maqbool Ganai son of Muhammad Anwar Ganai of DK Pora-Harmain in Shopian, had initially been sentenced to 20 years of rigorous imprisonment and ordered to pay a fine of Rs 10 lakh by the District and Sessions Judge of Shopian.

The High Court, in its ruling, found it unsafe to hold the accused guilty solely based on insufficient and unreliable evidence. After a comprehensive examination of the case, the court concluded that the evidence presented against the teacher did not convincingly establish his guilt beyond a reasonable doubt.

This case had initially garnered significant attention due to its involvement in a heinous crime committed against a young student. However, the High Court’s decision emphasises the significance of ensuring a fair and robust judicial process, where the burden of proof rests heavily on the prosecution.

The court order said upon the proper assessment, evaluation, and estimation of the evidence presented by the prosecution, the evidence appears to be weak, fragile, and lacking in credibility. It fails to establish a connecting link between the accused and the commission of offenses.

For the aforementioned reasons and discussion, the court concludes that the prosecution has failed to prove the guilt of the appellant or convict beyond a reasonable doubt for the commission of offenses under Sections 376(2)(f), 342 and 506 of the Ranbir Penal Code (RPC).

As a result, the Criminal Conviction Appeal is allowed, and the impugned judgment of October 10, 2022 and the sentence order dated October 17, 2022, rendered by the Court of the Principal Sessions Judge Shopian, are set aside and quashed.

Ganai, who is in Judicial custody in District Jail Pulwama (Kashmir), is acquitted of the charges against him for the commission of offenses under Sections 376(2)(f), 342 and 506 of the Ranbir Penal Code, the court said.

He shall be released from custody unless required in any other case, it said.

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