NARESH KUMAR Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The present appeal is directed against judgment dtd. 24/1/2024 passed by the learned Principal Sessions Judge, Kathua ('the trial Court' for short) whereby the appellant has been convicted for offences under Ss. 363/376/343 RPC, where-after, in proof of offence under Sec. 363 RPC, the appellant has been sentenced to undergone simple imprisonment for a period of 07 years and to a pay a fine of Rs.5000.00, in proof of offence under Sec. 376 RPC, he has sentenced to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00, and, in proof of offence under Sec. 343 RPC, the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000.00. All the sentences have been directed to run concurrently.

(2.) Before proceeding to discuss the grounds of challenge, it would be apt to briefly state the facts that gave rise to initiation of prosecution against the appellant before the trial Court.

(3.) On 27/2/2018, the father of the prosecutrix PW Simru Ram lodged a report with Police Station, Bani alleging therein that on 20/2/2018, he asked her daughter (prosecutrix) to come to his residential house for assisting him in construction work, but she did not turn up until 11 am. He searched for her at his home, but could not find her there. He waited for the prosecutrix till evening, but could not find any clue about her. According to PW Simru Ram, the age of her daughter was 15 years and he suspected that she has been kidnapped by some person. On the basis of this report, the police registered FIR No. 16/2018 for offence under Sec. 363 RPC and started investigation of the case.