STATE OF J.& K. Vs. IMTIYAZ AHMAD

JUDGEMENT

(1.) Criminal Acquittal Appeal has been filed against judgment dated 11-6-2015 passed on file No. 37/Sessions by learned Principal Sessions Judge, Rajouri in case titled 'State Vs. Imtiyaz Ahmed', by virtue of which, respondent (hereinafter referred to as 'accused') has been acquitted of the offences under Sections 376/342, RPC.

(2.) Brief facts of the case, leading to the filing of the present appeal, are that the prosecutrix along with her sister Ruksana Kouser filed a written complaint before Police Station Rajouri on the allegations that on 15-7-2006 she i.e. prosecutrix had come to Rajouri for filling up the matriculation form and after filling up the form when she was standing at Gujjar Mandi Rajouri, the accused i.e. Imtiyaz Ahmed came to her and asked her to come to his room for taking meals. Since she knew him a little bit, she went to the room in Ward No. 4 Salati Mohalla at 3 p.m. where the accused kept her, closed the door and went away only to return back in the evening whereupon he told her to open her trouser (salwar) and when she desisted, he forcibly opened the girdle of her trouser and committed sexual intercourse with her without her consent and also threatened her that if she raised hue and cry, he would kill her and thereafter he again committed sexual intercourse with her two times. When he left the room, accused again told her not to disclose the same to anybody, otherwise he would kill her. It is further the stand of the prosecution that when the prosecutrix was returning home, her sister met her at the Bus Stand Rajouri whereupon she narrated the entire episode to her sister.

(3.) On the aforesaid basis, FIR. No. 289/2006 for offence under Sec. 376, RPC was registered at Police Station Rajouri and investigation assigned to one Mohd. Khushal SI. After conclusion of the investigation, offences under Sections 376/342 were found made out against the accused. Accordingly, challan was presented in Court and vide order dated 15-9-2006, accused-lmtiyaz Ahmed was charge-sheeted for the commission of offences under Sections 376/342, RPC.