STATE OF J&K Vs. SURAM SINGH AND ORS.

JUDGEMENT

(1.) STATE is in appeal against judgment of learned Sessions Judge, Udhampur dated 30.11.2005, whereby respondents, Suram Singh and Romesh alias Sonaki (hereinafter to be referred as A -1 and A -2 respectively) after their trial in Session Case No. 47 have been acquitted of Charge under sections 376(2)(g), 366 and 342 R.P.C.

(2.) HEARD . I have perused the record.

(3.) INCHARGE Police Post, Tikri investigated the case. As per the prosecution case, in the course of investigation the Investigating Officer (I.O.) recovered the prosecutrix from the house of A -2 vide a recovery memo (Ex. PW SS -5) and also prepared sketch map of the place of recovery (Ex. PW PC). On the same day, the I.O. produced the prosecutrix for her medical examination before PW -Dr. Suman Nargotra and obtained the medical certificate ((Ex. PW - SN). He prepared the sketch map of the place of occurrence (EX. PW PC -I). The I.O. also got statement of the prosecutrix recorded in terms of section 164 Cr.P.C. and on the basis of her statement added offence under section 376(2)(g)/109 R.P.C. in the case. I.O. found in the course of investigation that Suram Singh/A -1 was also involved in kidnapping of the prosecutrix. After completion of the investigation, the 1.0. preferred charge sheet under sections 376(2)(g), 366, 363, 342/109 R.P.C. against A -1 & A -2 and under sections 366, 363, 342 RPC against Rajinder Kumar alias Sonu (hereinafter to be referred as A -3) in the Court of learned Chief Judicial Magistrate, Udhampur, which after committal came up for trial before the learned Sessions Judge, Udhampur.