ILLAMDIN Vs. STATE

JUDGEMENT

(1.) ILLAM Din, accused appellant, has been convicted under Sections 363 and 376, R. P. C. by the learned Sessions Judge Jammu. Under Section 363, R. P. C. he has been sentenced to undergo, three years' rigorous imprisonment and under Section 376 to five years' rigorous imprisonment. Both the sentences have been ordered to run concurrently.

(2.) THE charge against Illam Din has been that he kidnapped a minor girl by name Atri and committed rape on her. The accused has denied the charge.

(3.) THE case of the prosecution is that Mst. Atri was kidnapped by Illam Din accused on 15th Jeth 2007. It is further alleged that he kept Atri with himself for two nights when Atri, taking advantage of the fact that the accused had fallen fast asleep, gave him a slip and ran away. The F. I. R. was lodged on 18th Jeth 2007. Mst. Atri was examined by Dr. Bodh Raj who stated that in his opinion she was between 10-13 years of age and that rape had been committed on her some time a week before she was examined by him. Besides Dr. Bodh Raj, the prosecution has produced the following witnesses: