The Jammu & Kashmir and Ladakh High Court has dismissed an appeal filed by Brahmanand Saraswati against his conviction under Section 376 of the Ranbir Penal Code (RPC), upholding the 10-year rigorous imprisonment imposed by the trial court.
Justice M.A. Chowdhary pronounced the judgment on August 12, 2026. The Court found that the prosecution evidence, including the statement of the prosecutrix, medical material and DNA evidence, was sufficient to sustain the conviction.
Background of the Case
The case arose from FIR No. 177/2018 registered at Police Station Reasi. According to the prosecution, the appellant was living in a room adjacent to the prosecutrix’s house and was regarded as a religious guru by her family.
The prosecution alleged that the girl, who was below 17 years at the relevant time, became pregnant and later delivered a stillborn female child. The trial court convicted Saraswati under Section 376 RPC and sentenced him to 10 years’ rigorous imprisonment along with a fine of Rs.5,000.
The appellant challenged the conviction, pointing to the delay in registration of the FIR, inconsistencies in the evidence and alleged shortcomings concerning the DNA material.
Court’s Observations
The High Court rejected the argument that the delay in lodging the FIR, stated to be about eight months, by itself weakened the prosecution case. The Court noted the age of the prosecutrix, the circumstances alleged against the appellant and the threats attributed to him.
On the DNA evidence, the Court found that the report was on record and had been proved by the forensic expert. The expert had concluded that the appellant was the biological father of the stillborn child.
The Court also considered the challenge to the prosecutrix’s testimony and held that it was supported by other evidence. It observed:
“There was nothing to suggest that the statement of the prosecutrix was lacking in its evidentiary quality, in any manner.”
Decision
The High Court held that the trial court had correctly assessed the evidence and sustained the conviction. It further held that the case involved repeated acts and that the sentence fell within the applicable provision of Section 376(2)(n) RPC.
The Court maintained the 10-year rigorous imprisonment and Rs.5,000 fine, noting that the State had not challenged the sentence for enhancement.
The appeal and connected applications were accordingly dismissed, and the trial court’s judgment was upheld.
Case Details
Case Title: Brahmanand Saraswati v. State (now Union Territory of J&K) & Anr.
Case Number: Crl A(S) No. 26/2025; CrlM Nos. 2114/2025 & 2115/2025
Judge: Justice M.A. Chowdhary
Decision Date: 12 August 2026
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