NISHAT AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 06.03.2009 passed by the learned Sessions Judge, Reasi, whereby appellant came to be convicted for the commission of offence punishable under Sec. 376 of Ranbir Penal Code and sentenced for a period of seven years and also to pay a fine of Rs. 5000.00 (hereinafter, for short, as impugned order), on the grounds taken in the memo of appeal. Summary of The Case

(2.) FIR 84/2007 came to be registered at Police Station Reasi against the appellant-accused for the commission of offence under Sec. 376 RPC. Final report/Challan under Sec. 173 of Code of Criminal Procedure came to be filed by the Police before the Court of Sub Judge, Judicial Magistrate, 1st Class, Reasi, who committed the same to the Court of Sessions Judge, Reasi. Appellant-accused was charge sheeted vide order dated 07.07.2007, he pleaded not guilty and claimed to be tried. Prosecution examined as many as ten witnesses in support of its case and the evidence of the prosecution was closed on 30.01.2009. Statement of appellant-accused was also recorded on 06.02.2009, he was asked to enter upon defence, but he did not lead any evidence in defence. Thus, the evidence led by the prosecution has remained unrebuted.

(3.) The trial court after examining the entire material and the prosecution witness held that the accused is involved in the commission of offence punishable under Sec. 376 RPC and was convicted and sentenced in terms of the impugned order.