The Jammu & Kashmir and Ladakh High Court has set aside the conviction of a man who had been sentenced to eight years’ imprisonment in a rape case, holding that the prosecution failed to prove beyond reasonable doubt that the prosecutrix was a minor at the time of the incident.
Justice Sanjay Dhar allowed the criminal appeal filed by Yawar Ahmad Bhagat and ordered his release from custody.
Background of the Case
The case originated from an FIR registered at Police Station Yaripora in December 2018 after the father of the prosecutrix reported that his daughter had gone missing. During the investigation, police traced her with the appellant and later added the charge of rape after medical examination.
The prosecution alleged that the appellant had engaged in sexual relations with the prosecutrix, resulting in pregnancy. A trial court in Kulgam convicted him under Section 376 of the Ranbir Penal Code (RPC) in March 2025 and sentenced him to eight years in prison. However, he was acquitted of the kidnapping charge.
The conviction was based on the finding that the prosecutrix was below 18 years of age, making her consent legally irrelevant.
While examining the appeal, the High Court closely reviewed the statements made by the prosecutrix during the investigation and at trial.
The Court noted that the prosecutrix consistently stated that she had accompanied the appellant voluntarily and that there was a romantic relationship between them. During cross-examination, she admitted that she had travelled with him of her own free will and had entered into physical relations voluntarily.
Justice Dhar observed,
“It is a settled law that burden is upon the prosecution to prove that the prosecutrix was minor at the time of the occurrence.”
The Court found serious deficiencies in the evidence relating to age. The prosecution relied mainly on a school certificate showing the prosecutrix’s date of birth. However, the teacher who produced the record admitted that he did not know the basis on which the date of birth had originally been recorded.
The Court also noted that neither the prosecutrix’s father nor her elder sister could state her exact date of birth.
“The prosecution has failed to establish that the prosecutrix was minor as on the date of the occurrence,” the bench held.
The High Court observed that the evidence on record indicated a consensual relationship between two young persons who knew each other and studied in the same school.
The judgment stated that once the prosecution failed to prove minority, the admitted voluntary nature of the relationship became significant. The Court remarked that the material on record showed that the prosecutrix had accompanied the appellant willingly and had engaged in physical relations by choice.
Allowing the appeal, Justice Sanjay Dhar set aside both the conviction and sentence imposed by the trial court.
The Court ordered the immediate release of the appellant from custody, provided he was not required in any other case, and discharged his bail and surety bonds.
Case Details
Case Title: Yawar Ahmad Bhagat v. UT of J&K Through P/S Yaripora
Case Number: CrlA(S) No. 03/2025
Judge: Justice Sanjay Dhar
Decision Date: 24 April 2026
