ALI MOHD. Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner herein, through the medium of the instant petition, seeks bail in FIR no. 0222 of 2023 dtd. 14/9/2023 registered with the Police Station, Samba under Ss. 376(2)(L)/313/420/506 IPC, 1860.

(2.) According to the prosecution version, a DD Extract No. 16 dtd. 14/9/2023 of PP Rakh Amb Talli came to be received in the Police Station through SPO Ajay Kumar, No. 819/DS, wherein it had been stated that one lady, namely, "X" along with Shalu W/o Hasham Din, R/o Machedi, Tehsil Lohi Sr. No. 188 Malhar, District Kathua came in the PP and produced a written application in Uru, stating therein that she is a resident of Machedi, Tehsil Lohi Malhar, District Kathua and is handicapped and that her father-Jamal Din had kept one Mahindra Vehicle and engaged the petitioner as its driver and one day, the petitioner told her that the Govt. is distributing sewing machines and other items to disabled persons free of cost and, as such, told her to come along with him as he will help her to get the sewing machine and other items and consequently she went along with the petitioner to Samba, where the petitioner took advantage of her disability and forcibly raped her without her consent and extended a threat to her not to tell the same to anyone or else he will kill her, whereupon she got frightened and did not tell anyone and thereafter, the petitioner taking advantage of the same raped her again and again and that when she missed her menstrual cycle, she informed the petitioner, who gave her some medicines, after consuming the same she started bleeding and got miscarriage and to save himself, the petitioner thereafter married her and later divorced her by preparing a false divorce paper and that she has been cheated by the petitioner as she is handicapped and out of fear did not tell anyone about the wrongs committed by the petitioner to her and that today she had come along with Shalu and requested for registration of an FIR against the petitioner. It is further the prosecution version that the complainant-"X" verbally stated that she has no knowledge about the place and house where the petitioner took her and raped her and that as per the contents of the complaint, offences under Sec. 376(2)(L)/420/506/313 IPC were found to have been committed by the petitioner whereupon same was entered in the PP and aforesaid FIR was registered.

(3.) It is further the prosecution version that during the course of investigations in the FIR in question, the I.O. got conducted the medical examination of the complainant at District Hospital and the vaginal smear slides were sent to FSL, Jammu besides recording the statement of the complainant under Sec. 164 Cr. P.C. before the Court of Munsiff, Samba, and photocopies of the documents viz. marriage agreement, nikahnama, deed of divorce which came to be provided by the complainant were seized and the seizure memo prepared, whereafter on 15/9/2023 the petitioner came to be arrested and potency test of the petitioner was got conducted at District Hospital, Samba and after obtaining the report therefrom the accused petitioner disclosed that he brought the complainant from Kathua to Chak Dyala, Gujjar Basti, Samba for providing sewing machine, where he raped the complainant.