Supreme Court Upholds Acquittal of Self-Style Faith-Healer Gulzar Peer In Budgam Rape Case
The Supreme Court has upheld the acquittal of Gulzar Ahmad Bhat, also known as Gulzar Peer, in a rape case dating back to 2013.
The case originated from FIR dated 2013 registered at Budgam district, alleging offences under Section 376 and 109 of the Ranbir Penal Code (RPC). The trial had drawn public and media attention due to the sensitive nature of the allegations and the profile of the accused.
A bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma has dismissed an appeal filed by the then Jammu and Kashmir UT challenging the acquittal of four accused in a gang rape case. The appeal arose from a judgment passed by the Division Bench of the J&K High Court which upheld the acquittal order passed by the Sessions Judge.
The standing counsel of the state argued that the prosecution witnesses had consistently deposed against the accused, and that both the trial Court and the High Court had erred in failing to appreciate the strength of this evidence.
However, the counsel appearing for respondent contended that the appeal lacked merit and that the State had not been able to identify any material contradiction or legal infirmity in the concurrent findings of acquittal. He also pointed out the higher threshold required to overturn a judgment of acquittal, which the State failed to meet.
The Court after hearing both the sides held that there was no compelling reason to interfere with the judgments of the Sessions Court and the High Court. Accordingly, the appeal was dismissed.
The bench placed reliance on precedents laid down in Yashwant & Ors. v. State of Maharashtra, 2019 and Rajesh Prasad v. State of Bihar & Anr. 2022, reiterating the principle that appellate courts should exercise caution while reversing acquittals.
BACKGROUND
Gulzar Peer, a self-styled faith healer with a large following in the kashmir valley including politicians, bureaucrats, and police officers was arrested after an FIR was finally lodged at Khansahib Police Station.
The Sessions Court acquitted Gulzar Peer in 2015 and the acquittal was later upheld by the J&K High Court in 2017. The State's appeal against the acquittal was dismissed by the Supreme Court, which observed that no compelling reason existed to overturn the concurrent findings of the lower courts.
APPEARANCE
Parth Awasthi, Pradeep Baisoya, Adv.Pashupathi Nath Razdan, AOR, Advocate For Petitioner
Nagamuthu, Sr. Adv. Anupam Raina, AOR Shreyas Kaushal, Adv. Ankur Parihar, Adv.Anshuman Ashok, AOR, Advocate For Respondents
Case-Title: State through SHO, Khan Sahib, Budgam vs Gulzar Ahmad Peer , 2025