STATE OF J&K Vs. SURINDER KUMAR

JUDGEMENT

(1.) The State is in appeal against the judgment of acquittal dtd. 20/3/2007 passed by the learned Sessions Judge, Poonch ["the trial court"] in Sessions Case No.15/Session titled 'State of J&K v. Surinder Kumar', whereby respondent as an accused was acquitted of the charge for the commission of offences punishable under Ss. 376/306 RPC arising out of FIR No.40/2000 registered at Police Station, Poonch.

(2.) Before adverting to the grounds of challenge urged by Mr.Adarsh Bhagat, GA to find fault with the judgment impugned, a brief reference to the prosecution case, as was set up before the trial court, would be worthwhile to narrate. FIR No. 40/2000 for commission of offences under Ss. 376/309/34 RPC came to be registered at Police Station Poonch, on the basis of statement of deceased Jyoti Sharma, which was recorded by ASI Ali Mohd. in the District Hospital, Poonch. As per this statement, in the intervening night of 17/18/4/2000, while she was sleeping in the house of her uncle Chaman Lal, respondent along with Ashu and Rimple came there and committed rape on her while the two other boys were standing on the door; that at that time, minor daughters of Chaman Lal were also sleeping in the house; that she left for the house of PW-Chander Parkash and returned back to her uncle's house at 5 a.m. thereafter at 5.30 a.m. respondent left for his house. The deceased, who was alone along with minor daughters of Chaman Lal, managed to send them to school and thereafter having felt insulted and out of fear that her uncle will beat her and public will laugh at her, she attempted to commit suicide at about 11 a.m. by setting her ablaze.

(3.) After registration of the FIR, investigation was handed over to Sub Inspector Ahmed Din, who visited the spot and prepared site plan. Burnt pieces of clothes belonging to deceased, a match box and a plastic gallon containing kerosene oil were seized and forwarded to FSL. The deceased having 100% burn injuries died in the hospital on the same day in the evening, therefore, offence under Sec. 309 was substituted by 306 RPC. The postmortem was conducted and the dead body was handed over to her relatives for last sites. Statements of the witnesses under Sec. 161 CrPC were recorded. Respondent along with Ashu and Rimple were arrested. After completion of investigation, Ashu and Rimple, against whom no incriminating evidence was found, were dropped out and challan against the respondent was presented.