SRINAGAR, NOV 14: Observing that the appellate court cannot interfere with the finding of the trial court unless the actual finding is perverse, a court in Srinagar on Tuesday upheld the three-year jail sentence to a man for an unnatural offence against a minor boy over fifteen years ago.
Dismissing an appeal filed by Manzoor Ahmad Bhat of Konmoh here against conviction and sentence awarded by Forest Magistrate in 2017, 4th Additional Sessions judge at Srinagar, Gowhar Majid Dalal observed that verdict “does not suffer from any infirmity, as same has passed rightly without any illegality” in the light of the evidence produced by the parties before the trial court.
“The suspension of conviction and sentence order passed by this court vide its order dated 23.12.2017 stands withdrawn forthwith,” the court said as the convicted person was taken into custody.
“The appellate court cannot interfere with the finding of the trial court, unless the actual finding is perverse, contrary to material on record,” the court said, observing that the trial court had appreciated the evidence properly and there was no sufficient ground for it to interfere in the finding of the trial court.
According to the prosecution, a written complaint came to be lodged with the police wherein the father of the minor, a labourer by profession, stated that his son was on his way to his home after giving meals to him and the accused met him on the way and paid Rs 10 and committed the unnatural offence with him.
When the complainant (father) returned home in the evening, the child (victim) narrated the whole episode. Subsequent to the complaint, the prosecution said, a case (FIR no. 97/2008) was registered against the accused for the commission of mentioned offences.
After completion of the investigation challan was presented against the accused in the court. Subsequently, on the basis of evidence mainly on the statement of the victim and doctor, Bhat was convicted by the trial court on 22 December 2017under RPC sections of 377(carnal intercourse against the order of nature with any man, woman or animal) and 511 by the trial court and was also sentenced to undergo simple imprisonment for a period of 3 years.
