No Guilt Found, Affirms Gulzar Peer’s Acquittal in Landmark Decision
The Supreme Court of India on Wednesday upheld the acquittal of Gulzar Ahmad Bhat, popularly known as Gulzar Peer, and three others in an alleged rape case registered over a decade ago in Budgam district.
The verdict marked the end of a prolonged legal battle that began with an FIR filed in 2013 at Khansahib Police Station.
A bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma dismissed the appeal filed by the erstwhile state of Jammu & Kashmir, which had challenged the acquittal orders passed by both the Budgam Sessions Court and the Jammu & Kashmir High Court.
In February 2015, the Sessions Court acquitted the accused in Sessions Case No. 142/S, citing a lack of evidence. This decision was later upheld by the High Court in February 2017. Dissatisfied with these rulings, the State approached the Supreme Court with Criminal Appeal No. 1682 of 2017.
Represented by advocates Parth Awasthi and Pradeep Baisoya under AOR Pashupathi Nath Razdan, the State argued that the testimony of prosecution witnesses was consistent and sufficient to establish guilt.
However, senior advocate S. Nagamuthu, representing the respondents, countered that the trial and appellate courts had acted in accordance with legal standards and that there were no grounds for the apex court’s intervention.
Justice Nagarathna, delivering the judgment, emphasized that appellate courts must exercise caution when overturning acquittals, particularly in the absence of major inconsistencies or legal errors in previous verdicts. The court found no merit in the appeal and reiterated the principle of the “double presumption of innocence” in favor of acquitted individuals.
Citing precedents, including Yashwant and Others v. State of Maharashtra and Rajesh Prasad v. State of Bihar, the court reaffirmed that reversing an acquittal requires compelling justification.
In its concluding remarks, the bench stated: “The appellant-State has failed to make out a case for interference. There is no merit in this appeal.”
The ruling reinforces a fundamental tenet of Indian criminal law—that an accused is presumed innocent until proven guilty beyond reasonable doubt, and once acquitted, overturning that decision demands an exceptionally strong case. (Agencies)
