STATE OF J&K Vs. RANDEEP SINGH

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment dated 26.04.2013 rendered by learned 3rd Additional Sessions Judge Jammu in case titled State v. Randeep Singh by virtue whereof respondent-Randeep Singh (hereinafter referred to as "accused") has been acquitted of offence under Sections 366/376 of RPC. Learned Sessions Judge found that the deposition of prosecutrix did not inspire confidence. State has questioned the impugned judgment on various grounds set out in the memo of appeal.

(2.) Heard and perused the record.

(3.) Allegedly, on 01.04.2007 prosecutrix, who had gone out to appear in the examination of 12th standard, was abducted by the accused who took her to village Dhungi Simbly tehsil Billawar on his motor cycle from where she was later recovered. Case for offence under Section 366 of RPC was registered on the basis of a written report lodged by the father of prosecutrix on 03.04.2007. The investigation revealed that the accused, a Police personnel, had taken the prosecutrix on his motor cycle to a room in Bikram Chowk area four months back and raped her there. Allegedly, accused had promised to marry prosecutrix and threatened that in the event she disclosed physical relationship between them, he would defame her. The investigation culminated in filing of charge sheet against the accused for offence under Sections 343/366/376 of RPC. Prosecution adduced evidence at the trial as the accused pleaded not guilty and claimed to be tried. On consideration of the evidence brought on record by prosecution at the trial the learned Trial Court found that the testimony of prosecutrix did not inspire confidence. Consequently, the accused was acquitted.