STATE OF J & K Vs. RAVI KUMAR

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 30.04.2014 passed by the learned Sessions Judge, Udhampur, whereby the learned Trial Court while dismissing the charge-sheet arising out of FIR No. 141/2012 for offences under Sections 366 and 376 RPC has acquitted the respondent (hereinafter referred to as the 'accused').

(2.) Briefly stated the case of the prosecution before the learned Trial Court was that on 20.08.2012, the prosecutrix, who happens to be a deaf and dumb girl, was abducted by the accused after taking undue advantage of her innocence and simplicity, whereafter she was subjected to wrongful confinement and repeated forcible sexual intercourse for seven days. The criminal prosecution against the accused was initiated with the lodging of a missing report in respect of the prosecutrix by her father-PW-Dev Raj on 20.08.2012. In the said report, the age of the prosecutix was given as 16½ years. On 21.08.2012, the complainant again approached the police, informing that the prosecutrix had been allured, enticed and kidnapped by the accused. On the basis of this information, the police registered a case under Section 363 of the RPC and set the investigation of the case into motion. During investigation of the case, mobile cell of the accused was kept under surveillance and as per the tower location, the said cell phone was found to be operational in Gulab Garh area. Accordingly, the police proceeded to said area and on 26.08.2012, the police recovered the prosecutix from the accused while the two were in a bus, that was lying parked in Gulab Garh Bazar. The said bus was scheduled to proceed to Jammu.

(3.) Upon recovery of the prosecutrix, she was got medically examined. The accused was also got medically examined. From the certificate issued by the School, where the prosecutrix had studied upto 8th standard, her date of birth was found to be 25.10.1992, which means that she was about 20 years of age at the time of the alleged occurrence. The investigation also revealed that the prosecutrix had been subjected to wrongful confinement and sexual assault. Thus, offences under Sections 366, 376 and 343 RPC were found established against the accused and the charge-sheet was laid before the Court.