GHULAM HUSSAIN Vs. STATE

JUDGEMENT

(1.) Ghulam Hussain, aged 50 years, after being convicted under Section 376 RPC vide impugned judgment dated 6th of October, 2008 passed by learned Principal Sessions judge, Poonch and sentenced to seven years rigorous imprisonment and a fine of Rs. 8000/-, in default thereof to further undergo simple imprisonment for six months, when could not engage his counsel for filing an appeal before this Court, High Court Legal Services Committee, Jammu/Srinagar engaged Mr. H.A. Siddiqui, Advocate to defend his case. Hence this appeal through Mr. Siddiqui.

(2.) The prosecution case, in brief, is that on 24-04-2005, the 'victim', a lady of more than 75 years of age (name not being disclosed), had boarded the last bus at Drungali to Bandi Chechian, a place enroute to the 'Ziarat' and when the 'victim' deboarded the bus on reaching village Bandi Chechian, it was late. She being a stranger to the area enquired about the location and road to the 'Ziarat' from her co-passengers. The Appellant came forward and pretended himself to be a devotee of the 'Ziarat' and assured her that he is acquainted with the area and shall guide her to the 'Ziarat'. The 'victim' trusted him and joined him towards the 'Ziarat', It is then the case of the 'victim' that when they were enroute to the 'Ziarat', and reached a deserted place, the Appellant overpowered her and taking benefit of the deserted location, forcibly pushed the 'victim' on the ground and committed the act of sexual assault (rape) upon her against her will and consent. When the 'victim' raised hue and cry, the Appellant fled away from the scene. She then reached a water mill enroute to the 'Ziarat' where she narrated the incident to its occupant, namely, PW-Rashid. She also reported the matter to other persons, who inturn informed the police at the 'Ziarat', which apprehended the Appellant and brought him to the 'Ziarat'. The investigation in this case was conducted by PW Mohd. Sikander, who recorded the statement of the 'victim', prepared the docket and sent it to the police Station, Poonch, which culminated into registration of FIR No. 35 of 2005 under Section 376 RPC. After completion of the investigation, the challan was filed against the Appellant, who consequently was charged under Section 376 RPC for which he now stands convicted and sentenced as stated hereinabove.

(3.) Heard Mr. Siddiqui and Mr. Basotra, Perused the trial court record minutely.