STATE OF J&K Vs. MOHAMMAD SHAFI RATHER

JUDGEMENT

(1.) Instant Appeal is directed against the judgment passed by the Court of 2nd Additional Sessions Judge, Srinagar, on 29.12.2006, by virtue of which respondents (accused) have been acquitted.

(2.) According to GA, learned trial court has not appreciated the evidence properly, judgment acquitting the accused is bad in the eye of law. While reading the prosecution evidence as has been led during the trial, was not able to substantiate his grounds of attack.

(3.) The prosecution case as unfolded is that on 3rd July, 1996 at about 9. 30 PM, when prosecutrix had come out of her residential house for easing in a washroom located outside her house, allegedly she was obstructed on her way by two persons who gagged her mouth, took her away forcibly where-after she was tied and subjected to rape. The assailants while hearing noise of opening of the door fled away along with her trouser. The blood was oozing from her private part, she was taken to hospital. The matter is stated to have been reported to the police on 8th July, 1996, as a result thereof case has been registered as FIR No.143/1998 P/S Safa Kadal for commission of offence punishable under Section 376 RPC.