SAJAD AHMAD BHAT Vs. UT OF JAMMU

JUDGEMENT

(1.) The appellant has challenged judgment dtd. 22/2/2024 passed by learned Additional Sessions Judge(P.O. Fast Track Court), Kulgam, (hereinafter referred to as "the trial court") whereby the appellant has been convicted of offences under Sec. 376 read with Sec. 511 RPC. Challenge has also been thrown to order dtd. 22/2/2024, whereby the appellant has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.10,000.00for having committed the aforesaid offences. In default of payment of fine, he has been directed to undergo rigorous imprisonment for a further period of six months.

(2.) As per prosecution case, on 6/7/2012, PW Mushtaq Ahmad Ganie, father of the victim girl, lodged a written report with the Police alleging therein that on the said day in the evening, while his minor daughter was playing with other children in the house of PW Rafiq Parray, the appellant herein caught hold of her and forcibly committed rape upon her after ousting other children therefrom. It was alleged that the appellant/accused is 25 years old. As per the report, the victim girl raised hue and cry, whereafter the appellant fled away from the spot. The victim girl was left unconscious in the room and the other children upon hearing the noise entered the room. It was further alleged that the complainant was not present in his house at the relevant time and when his wife and elder son went to the house of the appellant, they were attacked by the family members of the appellant and his son was beaten up. It was further stated in the report that the appellant has absconded whereas the victim girl is undergoing treatment.

(3.) On the basis of aforesaid report (EXPW-1), the police registered FIR No. 111 of 2012 for offences under Sec. 376, 511 of RPC and started investigation of the case, which was entrusted to PW Head Constable Mukhtar Ahmad of P/S Kulgam. During the course investigation, the victim girl was subjected to medical examination. Her date of birth certificate was obtained from the concerned school, the statements of the witnesses under Sec. 161 of Cr. P. C and the statement of the victim girl under Sec. 164-A of J&K Cr. P. C were recorded. Potency test of the appellant was also conducted. After undertaking investigation of the case, offences under Sec. 376 and 511 RPC were found established against the appellant/accused and the charge sheet was laid before the Chief Judicial Magistrate, Kulgam, whereafter the same was committed to the trial court.