ISHFAQ AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant herein feeling aggrieved of the judgment and order dtd. 30/7/2019 passed by learned Additional Sessions Judge, Anantnag in the case No.76/ASJ, whereby he has been convicted for the commission of offence punishable under Sec. 376(2)(i) RPC and sentenced to rigorous imprisonment for ten years and a fine of Rs.50,000.00, and in default of payment of fine, to undergo further imprisonment for a period of six months.

(2.) The judgment and order impugned have been assailed on the ground that the appellant had been falsely implicated in the case by the father of the prosecutrix for dispute over some payments between them; that the trial court has relied upon the statement of prosecutrix, though her statement did not inspire confidence to base conviction; that the prosecution had examined most of the witnesses from the family of the prosecutrix only, and their statements are of no corroboration with that of the statement of prosecutrix; that the evidence of medical examination suggested that there was no evidence of fresh sexual intercourse when the prosecutrix was examined on 7/1/2017 though she was alleged to have sexually ravished during previous night and also there was absence of spermatozoa which remains alive within 72 hours of the incident.

(3.) The factual matrix of the case is that one Azad Ali Khan S/O Gul Ali Khan R/O Gulistan Mohalla Kehribal lodged a written report at the Police Station, Mattan on 7/1/2017 alleging therein that during the intervening night of 6th-7/1/2017, appellant came to his house and after having dinner stayed there, and that during night he forcibly raped his daughter who was aged about nine years only. On the basis of this report, a case was registered vide FIR No. 03/2017 for the commission of offence punishable under Sec. 376 RPC, and the investigation was set in motion. After recording the statement of witnesses and conducting the medical examination of the victim, the investigation was concluded for the commission of offence punishable under Sec. 376 RPC against the appellant.