STATE OF J&K Vs. MOHD SHAFI

JUDGEMENT

(1.) This acquittal appeal by the State of Jammu and Kashmir (now UT of Jammu and Kashmir) is directed against an order and judgment dtd. 8/2/2014, passed by the learned Sessions Judge, Poonch in file No.16/Sessions titled 'State vs. Mohd Shafi' whereby the trial Court has acquitted the respondent of the charge under Sec. 376 RPC.

(2.) Briefly stated, the prosecution case as was laid before the trial Court, is that on 1/7/2008, a report was lodged by the prosecutrix (name withheld) against her father at Police Station, Mandi, alleging therein that about one and a half months earlier, the accused (respondent herein) committed rape upon her. She claimed that she did not disclose the incident to anybody in order to save herself from condemnation and ostracization by society. It was alleged that during the intervening night of 29th and 30/6/2008, the respondent picked up a quarrel with her mother Mst Naseema Bi, and forced her to leave his house. While younger brothers of the prosecutrix were sleeping in the house, the respondent forcibly gagged her mouth, took her to another room, and raped her without her consent. On this report, FIR No. 52 of 2008 for commission of offence under Sec. 376 RPC came to be registered at Police Station, Mandi and the investigation entrusted to ASI Kamal Din. The I.O got the medical examination of the prosecutrix conducted at District Hospital, Poonch. He also went on spot, prepared a site plan, and recorded the statements of the witnesses conversant with the facts of the case in terms of Sec. 161 CrPC. The salwar produced by the prosecutrix was seized, and a seizure memo was prepared which, after proper sealing, was sent to the FSL Jammu for examination. The respondent was subsequently arrested, and the investigation concluded as 'proved' against him. Consequently, the challan was presented before the Court of CJM, Poonch, on 18/8/2008 and the same was committed to the trial Court for trial.

(3.) The trial Court framed charge under Sec. 376 RPC against the respondent vide order dtd. 18/12/2008. The charge was read over to the respondent who pleaded not guilty and claimed to be tried. With a view to establishing the charge against the respondent, the prosecution examined all the eleven listed witnesses, including I.A.Malik, Scientific Officer, FSL Jammu and Manzoor Hussain, a teacher, in support of its case. The incriminating circumstances appearing in the prosecution evidence were put to the respondent and his statement under Sec. 342 Cr.PC was recorded by the trial Court on 11/12/2012. The respondent denied the allegations as false and frivolous. The respondent appeared himself as a witness and examined one more witness in his defence.