SUBASH CHANDER Vs. STATE OF J&K & OTHRS

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 29.03.2018 and order of sentence dated 30.03.2018, passed by learned Sessions Judge, Reasi, in a case arising out of FIR No.69 of 2011 for offence under Section 376 RPC of Police Station, Reasi. By virtue of the impugned judgment, the appellant has been convicted of offence under Section 376 RPC and vide impugned order of sentence, he has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000.

(2.) Briefly stated, the case of the prosecution before the trial court was that on 04.05.2011 at about 6/7 PM, while the prosecutrix was going to her land to bring back the cattle, the appellant/accused, who was hiding himself, forcibly caught hold of her arms and dragged her to bushes. The appellant/accused gagged her mouth with his hand, broke the cord of her trouser and thereafter committed rape upon her. The appellant/accused thereafter ran away from the spot leaving the prosecutrix on spot in an unconscious state. The prosecutrix was brought back from the spot by her family members and when she regained her senses, she narrated the incident to her mother. The age of the prosecutrix is stated to be 17 years.

(3.) I have heard learned counsel for the appellant and learned Government Advocate for respondents. I have also considered the grounds of appeal and perused the impugned judgment, evidence on record and the written arguments submitted by the learned counsel for the parties.