BARFINA Vs. ASLAM AND ANOTHER

JUDGEMENT

(1.) Briefly stated facts of the case as per the prosecution story are that on 26.2.2015 at about 1:30 p.m., when the complainant along with her younger sister had gone to the fields to answer the call of nature, then accused Aslam Khan came there, overpowered the complainant gagged her mouth and raped her; that younger sister of the complainant, namely, Arshida raised an alarm, which attracted some persons, thereafter, the accused ran away.

(2.) After registration of formal FIR regarding the incident the matter was investigated. Accused was arrested in this case. He was got medically examined. He was found fit to perform sexual act. The complainant prosecutrix was also medically examined. After completion of investigation, accused was challaned.

(3.) Judicial Magistrate Ist Class, Ferozepur Jhirka vide order dated 15.7.2016 declared accused Aslam Khan as a juvenile. The order was challenged before the Court of Sessions but learned Additional Sessions Judge, Mewat, who vide order dated 11.8.2017 confirmed the said order.