PARVEZ AHMED Vs. STATE

JUDGEMENT

(1.) Shri Bashir Ahmed Sheikh S/o Din Mohd. Sheikh R/o Dharmot Tehsil Batote on 21.12.2001, lodged a written report with Police Station, Batote alleging therein that his minor daughter, who had gone missing on 17-12-2001, was kidnapped by Parvez Ahmed S/o Mohd. Hussain Magrey R/o Bhagwat, with the assistance of Swami Raj R/o Manama, bundled in Maruti Van No. JK02N 9573 and taken to Jammu. The report led to registration of case FIR No. 157 of 2001 under sections 363/109 RPC at Police Station, Batote. The investigation was taken over by Shri Mohd. Aslam, SHO Police Station, Batote. The efforts made by the Investigating Officer to trace the kidnapped girl bore fruit, when she was recovered from the residential house of appellant-Farooq Ahmed at Nai Basti, Jammu. The investigation revealed that the victim was kidnapped by appellants- Parvez Ahmed, Farooq Ahmed, Tanveer Ahmed, Imtiyaz Ahmed and Swami Raj and brought in Maurti Van No. JK 02N 9573 from Batote to the house of appellant-Farooq Ahmed at Nai Basti, where appellant-Parvez Ahmed committed rape on the victim.

(2.) The Investigating Officer after usual investigation, found appellant-Parvez Ahmed, to have committed offences punishable under sections 363, 376 and 342 RPC and appellants- Imtiyaz Ahmed and Tanveer Ahmed all residents of Bhagwat, Batote, Swami Raj R/o Shampa, Batote and Farooq Ahmed R/O Nai Basti, Jammu, to have committed offences punishable under sections 363, 376, 342 read with 109 RPC. The investigation was concluded as proved against the appellants and the charge sheet presented in the Court of JMIC/Sub judge, Batote on 19.02.2002 and the case committed to the Sessions Court at Ramban.

(3.) The Trial Court on 4-4-2002 formally charged the appellant-Parvez Ahmed of offences punishable under sections 363, 376 and 342 RPC and other four appellants of offence punishable under sections 363,376,342 and 109 RPC. The appellants denied the charge, leaving no option for the prosecution, but to examine witnesses listed in column - 4 of the charge sheet, in support of the charge. The prosecution in all examined eight of nine witnesses listed in the charge sheet. The only witness to stay away from the witness box, was SHO Police Station, Batote who recorded his satisfaction regarding mode and manner of investigation and also prepared and presented the charge sheet.