Appellate court interferes with trial court's findings only if there are substantial reasons to do so: HC
Srinagar, June 17 -- Reiterating that an appellate court interferes with a trial court's findings only when there are substantial reasons to do so, the High Court of Jammu & Kashmir and Ladakh on Tuesday altered a rape conviction to one of attempted rape, holding that the evidence on record failed to establish the commission of rape beyond a reasonable doubt.
Allowing an appeal filed by Showkat Ahmad Seer, who had been convicted by a trial court for allegedly raping a neighbour in the Qalamabad area of Kupwara in 2016, Justice Sanjay Parihar held that while the evidence was insufficient to prove rape but it unmistakably demonstrated a determined attempt to commit the offence.
"The evidence on record, though insufficient to establish the...
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