Proof of Occurrence Crucial; Victim’s Minority Cannot Salvage Doubtful Prosecution, Accused Acquitted in Gang Rape Case: High Court of Jammu & Kashmir and Ladakh

The Jammu & Kashmir and Ladakh High Court has delivered an important judgment clarifying that the minority of an alleged rape victim cannot by itself sustain a conviction unless the prosecution first proves that the alleged crime actually occurred. The ruling was delivered by Justice Mohammad Yousuf Wani, who allowed a criminal appeal and set aside the conviction recorded by the Sessions Court, Udhampur, in a gang rape case. Background…