STATE OF J&K Vs. SHABIR AHMED

JUDGEMENT

(1.) Concr 2/2018 This is an application seeking condonation of delay in filing the appeal against the judgment of acquittal dated 31.08.2017 passed by the learned trial Court. There is a delay of 37 days in filing the instant appeal.

(2.) Briefly stated the facts of the case are that on 11.07.2012, PW-1 Chand lodged a missing report pertaining to his daughter with Police Station, Basohli and the same was registered by the police. On 13.07.2012, the complainant informed the police that his daughter had been kidnapped by accused Shabir Ahmed. The police registered a FIR No. 47/2012 for offence under Section 366 RPC and started the investigation of the case.

(3.) After investigation of the case, it was found that the prosecutrix, who happens to be the daughter of the complainant PW-1 Chand, was kidnapped by accused Shabir Ahmed with the help of co-accused and she was also subjected to sexual assault by him. The prosecutrix was recovered from the possession of the accused on 20.07.2012. Offences under Sections 366/376/109 RPC were found established against the accused and charge-sheet was laid before the trial Court. Accused Shabir Ahmed was charged for offences under Sections 366/376 RPC, whereas accused Ansar Ali and Manzoor Ahmed were charged for offences under Sections 366/376/109 RPC. The accused denied the charges and, accordingly, the prosecution was directed to lead evidence in support of its case. The prosecution examined as many as 13 out of 14 witnesses cited in the charge-sheet. However, no evidence was led by the accused.