STATE OF J & K Vs. RAJ KUMAR

JUDGEMENT

(1.) State has filed the instant motion for leave to file acquittal appeal against judgment dated 25.04.2014 passed by learned Sessions Judge Udhampur in case titled State v. Raj Kumar by virtue whereof the respondent (hereinafter called as 'accused') has been acquitted of charges framed under Sections 341/354/376/511 of RPC. On 27.07.2011 prosecutrix, accompanied by her husband, lodged a written report at the Police Station alleging therein that on 21.04.2011 at 11 O'clock, while she was on way to Udhampur, she was intercepted by the accused who overstretched her, caught hold of her breasts, took her to an isolated place and tried to commit rape. It was alleged that some women arrived there and raised alarm. The accused, while escaping threatened the prosecutrix of dire consequences. Case under FIR No. 70/2011 for offence under Section 341/354/376/511 of RPC came to be registered on the basis of the written report lodged by prosecutrix. The investigation culminated in filing of charge sheet against the accused who pleaded not guilty to the aforesaid charges before the Trial Court and claimed to be tried. Prosecution led evidence at the trial, on consideration whereof the accused was acquitted.

(2.) Accused pleaded innocence when asked to explain the incriminating circumstances emerging from prosecution evidence. He has examined a single witness in defense.

(3.) Heard and considered.