LAWS(J&K)-2014-8-1

STATE OF J&K Vs. SANJAY KUMAR

Decided On August 04, 2014
STATE OF JANDK Appellant
V/S
SANJAY KUMAR Respondents

JUDGEMENT

(1.) State is in appeal against judgment dated 27.08.2003 rendered by learned Sessions Judge, Udhampur, whereby respondent Sanjay Kumar (herein after the accused) has been acquitted after his trial for offence under section 376 RPC for having committed forcible sexual intercourse with his step sister, a child aged 7, on 9th Maghar, 2058 (25.11.2001).

(2.) Heard. We have perused the record.

(3.) Bantoo Devi (PW-1), who lodged the FIR, is the mother of the victim (PW-2). Mahinder Nath (PW-5) is the paternal uncle of the victim and the accused and at the relevant time was a member of the Panchayat of the village. According to the prosecution on 9th Maghar, 2058 (25.11.2001) at about 7/7.30 PM accused fraudulently took the victim to their cattle house under the pretext that she should hold the mace, while giving fodder to the cattle. In the cattle house, accused committed forcible sexual intercourse with the victim.