YOUNIS BHAT Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The victim of alleged sexual assault, as per prosecution case was abducted by Shri Javed Ahmad Rather alias Jab Kasai Son of Abdul Rehman Rather Resident of Kanjiwar, Shopian and his accomplices in a red coloured Santro on 10th November, 2012 at 7.p.m, when she came out of her residence to answer call of nature. The matter was reported on the day of occurrence itself to Police Station Shopian.

(2.) Before the matter was taken up by Learned Trial Judge in terms of Section 267 Cr. PC, the victim through her Counsel filed an application for further investigation. The victim pleaded that the investigating agency conducted the investigation in a casual and lifeless manner and avoided to identify three other accomplices of the accused involved in the crime and array them as accused before the Court. She insisted that Investigating Officer by concluding investigation as proved against Shri Javed Ahmad Rather, attempted to give an impression that the matter was investigated and alleged culprit brought to book, while the officer as a matter of fact had allowed other three accused equally involved in the crime, to go scot- free. The Investigating Officer, according to the victim had not bothered to trace the red Santro in which the victim was abducted, avoided to get the call details of the Cell-phone used by Shri Javed Ahmad Rather and to trace and identify his accomplices in the crime.

(3.) Learned Trial Judge rejected the application, opining that it had no jurisdiction to direct further investigation in the matter. In arriving at the above conclusion, learned trial judge placed reliance on case reported as Abdul Khaliq and Ors. Vs. State and Ors.,2010 2 SLJ 625.