SANSAR CHAND Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant has been convicted u/s 376 RPC by the 1st. Addl. Sessions Judge, Jammu for having committed the offence of rape and sentenced to 10 years rigorous imprisonment and fine of Rs. 5000/ - in default of which he was to suffer simple imprisonment for six months by his order dated 26.8.2000.

(2.) THE charge against the accused is that on August 30, 1993 he ravished Smt. Guddo taking advantage of her being a dumb and deaf who could not protest when there was nobody around to prevent the unfortunate occurrence, it was only on Sept. 1, 1993 that her brother PW Ashok Kumar lodged a written report with SHO Police Station, Akhnoor on the basis of which a case u/s 376 RPC was registered against the appellant. What is stated in the report is that the prosecutrix left home for getting fodder for the cattle. The accused taking advantage of her being alone nabbed her and raped her. In the meanwhile PW Darshan Lal brother of the prosecutrix aged about 11 years reached there and the appellant took to the heels.

(3.) DURING the trial, the prosecution examined Ashok Kumar, Darshan Lal, Des Raj, Kewal Krishan, Nand Lal, Makhan Lal, Ambo Devi, Dr. Anita Bari, Sub -Inspector Kartar Singh besides the statement of Mst. Guddo prosecutrix.