STATE OF J&K Vs. SHABIR AHMAD KHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 23/2/2017 passed by learned 2nd Additional Sessions Judge, Srinagar, whereby respondent herein has been acquitted of the charges for offences under Sec. 354, 376/511 RPC.

(2.) As per the prosecution case, on 5/4/2006, the prosecutrix lodged a report with the police stating therein that she is a student of 6th class studying in New Era Public School , Rajbagh, and on the said day, when, after the school hours, she was proceeding towards her house, at Mehjoor Nagar, Srinagar, the accused/respondent, who happens to be her cousin brother, met her. He offered to accompany the prosecutrix to her home and told her that he has to get some articles from a house belonging to a Sikh gentleman. Accordingly, the prosecutrix accompanied by the accused to the said house and at the relevant time there was no occupant in the said house. It was further alleged by the prosecutrix that the accused/respondent made her to take off her school uniform and tried to sexually assault her. When the prosecutrix raised hue and cry, the accused/respondent tied a rope around her neck and gagged her mouth. The prosecutrix raised an alarm and some people came on spot, whereafter the accused/respondent fled away from there leaving her in a naked condition. The prosecutrix further narrated to the police that some person standing over there gave his shirt to her to cover her body.

(3.) On the basis of aforesaid report, FIR No.33/2006 for offences under Sec. 307, 376/511 RPC was registered by the police of Police Station, Rajbagh and investigation was set into motion. After investigating the case and subjecting the prosecutrix to medical examination, offences under Sec. 307, 376/511 RPC were found established against the respondent/accused and challan was laid before the trial court. Vide order dtd. 30/12/2006, passed by the learned trial court, charges for offences under 354, 376/511 RPC were framed against the accused/respondent and he was put on trial.