SALEEM Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant -accused was tried in case 15/A Sessions for commission of offence under section 376/341 RPC in the Court of Session Judge, Udhampur. Learned Sessions Judge by his Judgment dated 12th December 2000, convicted the appellant, however, for an attempt to commit rape under section 376 read with section 511 RPC and sentenced him to undergo rigorous imprisonment of two years and a fine of Rs. 1,000/ - and in case of default of payment of fine, the accused shall undergo further simple imprisonment of four months. In the event of recovery of the fine, the same was directed to be paid to the prosecutrix, as compensation.

(2.) FACTUAL matrix of the prosecution case in brief is that on 7th June 1999, Mst Renu Bibi (W/o PW Din Mohd) had gone to her parental house situated at Dedoora and in the evening she was returning back to her in -laws house. When she was still to cover about one Kilometer distance, the accused Mohd Saleem appeared in the way and pounced upon her. He made her to inhale some substance with which she felt giddy. She was gagged and laid down on the ground, her Shilvar was untied and then the accused forcibly committed sexual intercourse with her. The accused thereafter threatened her of dire consequences if she disclosed about the occurrence to anybody and therafter the accused left the scene of occurrence. The Complainant reached her house where she found her mother -in -law only and she disclosed her about the occurrence. The FIR in respect of the incident came to be lodged on 9th June 1999 at 17.30 hours. In the FIR, for explaining the delay, the prosecutrix stated that she had undergone an operation for Appendicitis and that because of the occurrence the pain had aggravated, as such; she could come for lodging the report only on that day i.e. on 9th June 1999. On the report of the prosecutrix, a FIR was registered and investigation was commenced. During the course of investigation, site plan was prepared and the prosecutrix was sent for medical check up. After obtaining the medical report and recording the statement of witnesses under section 161 Cr.P.C, the investigation culminated into the charge sheet which was instituted in the Court of Chief Judicial Magistrate, Udhampur, who in turn committed the case for trial to the Court of Sessions. In the Court of Sessions Judge, Udhampur, the accused was charged for commission of the offence under section 376/341 RPC and was called upon to plead. The accused pleaded innocence and, therefore, the prosecution was directed to lead evidence of proving the charge. The prosecution examined PWs Mst. Skina Bibi (Mother -in -law of the prosecutrix), Mst. Renu Bibi(prosecutrix), Din Mohd (husband of the prosecutrix) Dr. Renu Sudha and Hans Raj, ASI.

(3.) THE prosecutrix in her statement supported the prosecution version and in cross -examination stated that she was dragged by the accused on stony surface with which she suffered abrasions on her back, abdomen and face and that because of the occurrence the stitches existing on her body because of appendicitis operation had opened. PW Dr. Renu Sudha, who examined the prosecutrix, has testified that except an abrasion 1 Cm x pencil line breadth on the chin reddish brown in colour, no mark of injury or violence was seen by her on the body of the prosecutrix. She further stated that no bloodstains or semen stains had been found on the private parts or legs of the lady. In her opinion, the prosecutrix was habitual to sexual intercourse and no intercourse had been found on the lady in the recent past. PW -Skina Bibi, who is the mother -in -law of the prosecutrix and to whom, as per the FIR and the claim of the prosecutrix in her chief examination, She had disclosed about the occurrence on reaching her house, when came in the witness box, simply stated that when the prosecutrix had returned back late in the evening, she told her only that the accused had beaten and abused her. PW Din Mohd, husband of the prosecutrix has stated that he was away from his house on the date of occurrence. When he reached back to his house, his wife told him about the occurrence and on the next day he went to Katra along her and his father where she had lodged the report EXPWRB. PW Hans Raj, ASI is the investigator and he has deposed about the steps taken towards the investigation of the case.