ASHOK KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24.07.2004 in case 'State v. Ashok Kumar for offences under sections 376, 377 and 511 R.P.C., passed by the learned Additional Sessions Judge, Jammu. By the aforesaid judgment, the Trial Court has convicted the accused/appellant to suffer five years rigorous imprisonment and a fine of Rs. 2,000/ -, and in the event of default of payment of fine to further undergo three months simple imprisonment in proof of offences under sections 376/511 R.P.C.

(2.) THE accusations against the accused stemming out of the record, in nutshell, are that Kamlesh Kumari was married to Des Raj and four female children were born out of this wedlock. After the death of her husband, Kamlesh Kumari contracted second marriage with the appellant, Ashok Kumar, son of Jagat Ram resident of Nai Basti, Jammu. Soon after the marriage, Ashok Kumar started causing her harassment and forced her to leave the matrimonial house. In consequence whereof, she started living with her children in a rented house at R. S. Pura. The accused also subsequently shifted to R. S. Pura. Kamlesh Kumari was making her both ends meet by working in residential houses in the neighbourhood. On the day of occurrence, when she returned home at 7 P.M., after doing the work in the residential houses in the neighbourhood, found her younger daughter namely Meenakshi, aged 11 years, missing. During search, she went to the shop of the accused/appellant and found shutter down. On opening the shutter of the shop, she found the accused and the prosecutrix in naked condition. She further saw Meenakshi, her daughter, holding the penis of the accused in her mouth on the point of a knife held by the accused. When the complainant raised the alarm, the accused threw the knife and fled away. On the complaint filed by Kamlesh Kumari with the Police Station, R. S. Pura, a case under F.I.R. No. 58/2001 under sections 376, 377 & 511 R.P.C., was registered and investigation proceeded.

(3.) ON the conclusion of investigation, the accused was sent up for trial for the offences under sections 376, 377 & 511 R.P.C., in the Court of Additional Sessions Judge, Jammu. The Trial Court after recording the evidence and hearing the parties, found the appellant guilty and sentenced him, accordingly vide judgment impugned in this appeal.