STATE OF JAMMU & KASHMIR Vs. JAI PAUL

JUDGEMENT

(1.) Appellant (State of J&K) has preferred instant criminal acquittal appeal against the judgment dtd. 31/1/2019 rendered by the Court of ld. Additional Sessions Judge Doda in case (File No. 86/Challan) titled State of J&K versus Jai Paul and another bearing F.I.R No. 22/2016 for the commission of offences under Ss. 363/376/342/506/109 RPC of Police Station Assar. Alongwith the appeal, appellant has preferred an application for seeking leave of this Court to file acquittal appeal, wherein, it is averred that the acquittal of accused/respondents has caused serious miscarriage of justice, inasmuch as the ld. Trial Court has failed to appreciate the prosecution evidence in proper perspective, that there is every likelihood that the acquittal appeal is sure to succeed on merits, the acquittal of the accused/respondents has shaken the confidence of common man in the majesty of law and the same is bound to encourage the offender. Prayer for special leave to file the acquittal appeal has been made.

(2.) As per the contents of memo of appeal, prosecution is pregnant with the story that on 14/7/2016 the complainant namely Brij Lal S/o Hari Ram Caste Gaddi R/o Chadota Patta Tehsil Assar alongwith his daughter ( "X"- name withheld) lodged a report in Police Station Assar in Urdu language alleging therein that his minor daughter is studying in Government Higher Secondary School Assar in 12th Class and is presently residing in rented accommodation in Assar alongwith another girl namely ( "Y"); "that on 20/5/2016, his daughter (X) and another girl (Y) were staying in rented accommodation and at about 12 " Clock, other girl (Y) asked his daughter (X) to come with her as she was going to a toilet, and while accompanying girl (Y) when his daughter (X) reached near toilet, two (2) persons viz: respondents/accused were standing there and when his daughter reached near the toilet, accused Jai Paul and Jeep Singh captured his daughter, gagged her mouth with cloth, took her in Alto car bearing registration No. JK19-2701 to Dogra Hotel Patnitop, threatened his daughter that if she made any noise they will cut and throw her body into the river, while the other girl (Y) was also accompanying the respondents/accused; that the accused arranged dinner for his daughter (X) and the girl (Y), prepared video of his daughter, put some intoxicating substance in the food and after eating, his daughter and the girl (Y) fell unconscious and in the state of said unconsciousness, his daughter does not know what happened to her; that it was still dark in the morning when his daughter (X) woke up, she found her body wet and naked with blood oozing out from her private parts, she was feeling back pain, she was threatened by accused and was taken back in Alto car, and after dropping his daughter (X) near Assar Army Camp, the respondents/accused went to Thanda Paani road, and also threatened his daughter (X) that if she narrated the incident to anyone, they will kill her and she will not be in a position to study again".

(3.) On this report case F.I.R No. 22/2016 for the commission of offences under Ss. 363/376/342/506/109 RPC was registered against accused in Police Station Assar and investigation started. During the course of investigation, I/o (PW 23 Farooq Ahmed) visited the place of occurrence, prepared the site plan, prepared site map of Dogra Hotel Patnitop where the alleged rape was committed, seized the clothes of the victim which were worn by her and which were washed by the victim several times, but they were not sent to FSL for examination, got the medical examination of victim conducted at District Hospital Doda by Gynecologist and obtained its report, got the date of birth (D.O.B) certificate of victim regarding her age from Government Higher Secondary School Assar which depicted the date of birth of victim as 28/12/1999 as a minor, got the medical examination of respondent No. 1/accused (Jai Paul) conducted regarding his potency, seized vehicle Alto Car bearing registration No. JK19-2701 as a piece of evidence in the case, seized the mobile phone and the sim cards of accused persons and victim, obtained the call details of sim numbers 84938-81442, 97974-17552 and 90184-59934 from the Voice Logger Computer Sec. DPO Doda, got the statements of the complainant, his daughter (X) and another girl (Y) recorded under Sec. 164-A Cr.PC and also recorded statement of other prosecution witnesses under Sec. 161 Cr.PC, after completion of the investigation, the offences under Ss. 363/376/342/506/109 RPC were established against the accused/respondents, and laid the charge sheet in the Court of law.