STATE OF J&K Vs. DAVINDER KUMAR

JUDGEMENT

(1.) This appeal has been directed against the judgement dtd. 27/5/2013 passed by learned 3rd Additional Sessions Judge, Jammu ('trial court' for short) vide which respondents have been acquitted.

(2.) The case set up by the prosecution in the trial court, in brief, is that PW-3, Santosh Kumari, mother of the prosecutrix (name withheld) lodged a written report on 17/12/2004, stating therein that she along with her daughter were residing as tenant in the house of a police inspector namely Ajay Gupta at Link Load, Jammu. The prosecutrix used to make quilt covers in the shop of respondent no. 1 situate at Mast Garh. About 7/8 days back, respondent no. 1 asked her to drop the prosecutrix in his shop for night shift. The prosecutrix went to the shop of respondent no. 1, but was not allowed to come back. It was alleged that respondent no. 1 forcibly committed sexual intercourse with the prosecutrix and two boys were accompanying him. It is further allegation of the complainant that she went to police post, Chowk Chabutra and lodged a report. However, after some days, three persons including a police man took her to the said police post, where she was forced to enter into a written compromise with the respondents, in lieu whereof she was paid Rs.2000.00. The complainant alleged that since her daughter has been sexually assaulted by the respondents, therefore, she did not intend to enter into any compromise. On the receipt of this report, FIR No. 238/2004 came to be registered with Police Station Pacca Danga, Jammu and investigation came into vogue. The investigation concluded that while respondent no. 1 committed rape upon the prosecutrix, respondent no. 2 made an attempt to commit the rape but did not succeed and both the respondents, in order to destroy the evidence, had thrown a bed sheet, a piece of cloth and an underwear in River Tawi on 8/12/2004.

(3.) Vide order dtd. 18/2/2005, respondent no. 1 was charged by the trial court for the commission of offences under Ss. 376/201 RPC, whereas respondent no. 2 was charged under Sec. 376/511 RPC, whereby they pleaded innocence and claimed trial, prompting the trial court to direct for the prosecution evidence. For the sake of brevity, instead of giving a detailed resume of the prosecution evidence, it is proposed to refer to the relevant testimonies of the prosecution witness as and when required. The respondents in their statements under Sec. 342 CrPC have denied the incriminating imputations arrogated to them and refused to enter the defence.