STATE OF J&K Vs. FIRDOUS AHMAD CHOPAN

JUDGEMENT

(1.) Dissatisfied with the judgment dated 04.11.2013 passed by the Court of ld. Sessions Judge, Bandipora, where-under respondent has been acquitted, appellant-State has chosen to file the appeal after prescribed period of limitation. For so filing, has filed one application seeking leave, another seeking Condonation of delay of 179 days. In order to ascertain as to whether there is any merit in the stand of the appellant so as to grant permission and also to condone the delay, we have heard learned Dy. AG, appearing for the appellant. Unnecessarily State has chosen to prefer the appeal. There is no scope of its success. It being so, to grant permission and then to condone the delay shall be a futile exercise.

(2.) Registration of the case as Crime No. 232/2009 P/S Bandipora for commission of offences punishable under Section 366, 376 RPC culminated in filing charge sheet (challan) against the respondent-accused. Trial thereof culminated in acquittal.

(3.) Police machinery was set in motion by the complainant by complaining that on 06.12.2009 his minor sister (prosecutrix) went to a shop for purchasing purposes but did not return back. She was allegedly abducted by the respondent-accused with the aid of two persons, namely, Bashir Ahmad Dar and Abdul Rashid Ganai, thereafter she was subjected to sexual intercourse against her will. On investigation, it surfaced that the prosecutrix was major. Furthermore, as against other two persons no evidence was available, therefore, during investigation it was concluded that the accused had abducted the prosecutrix and subjected her to forcible sexual intercourse.