SANJIDA Vs. KABIRUDEEN

JUDGEMENT

(1.) Respondent No.1 has been acquitted under Ss. 376, 354-A and 506 of the Indian Penal Code (for short 'IPC ) and 1Whether the reporters of the local papers may be allowed to see the Judgment?Yes aggrieved thereby, appellant/complainant (hereinafter to be referred to as complainant) has filed the instant appeal.

(2.) The entire case of the prosecution rests upon the testimony of complainant PW-9 Sanjida and, therefore, it would be necessary to refer her statement in extenso.

(3.) While appearing as PW-9, complainant stated that she had been suffering from continuous headache and sometimes suffered fits and on account thereof would become unconscious for sometime. She got treatment from doctors, molvies and even in Kalisthan Temple at Nahan, but to no avail. In January/February, 2015, respondent came to her house and told that he was Principal in a 'Madrasa' and knew her father. She confirmed this fact from her mother and thereafter respondent started visiting her house off and on and she used to serve him tea etc. on visit. Later on, when respondent came to know about her illness, he stated that he had a religious power and could cure her disease. Respondent used to put his hand on her head by making her to sit on a chair and used to do 'Jharphook'. Respondent treated her for 1-2 months in this manner and thereafter he offered her medicine and asked her to take the same one hour prior to his arrival. She began to take relief by taking the medicine. Respondent would usually visit her house during 10.00 a.m. to 1.00 p.m., the time, when complainant would be alone in her house. Respondent would ask her to lay down on the bed and used to touch her private parts in this process and when objected to by the complainant, he told her that this was a part of the treatment and that she had to satisfy the 'jinn' (holy soul) which was under his control. After taking the medicine, she used to become semi-conscious and allowed his act as she was recovering from her illness.