SHOWKAT AHMAD SEER Vs. UT OF JK

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence passed by the court of Additional Sessions Judge, Handwara (hereinafter referred to as "the trial Court") in FIR No. 46/2016 registered under Sec. 376 RPC, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.50,000.00.

(2.) Briefly stated, the prosecution case is that the complainant, PW-1 Bashir Ahmad Seer, lodged a written complaint before Police Station Qalam-Abad on 19/7/2016 alleging that he was working as a porter with the Army and was on duty on 15/7/2016. During his absence, his wife, PW-3 Khuram Begum, informed him that their daughter, PW-2 (the victim), had gone to the nearby fields for irrigation purposes. While she was engaged in the said activity, the appellant allegedly appeared at the spot, forcibly took her to a nearby forest area and subjected her to forcible sexual intercourse. The complainant was further informed by his wife that, when the victim did not return home, she went in search of her and, while proceeding towards the fields, heard cries emanating from the nearby forest area. Upon rushing to the spot, she allegedly found the appellant mounted upon the victim and committing the illicit act. On noticing her presence, the appellant is stated to have fled from the spot.

(3.) The complainant further explained that owing to the prevailing law and order situation, he could not lodge the report immediately. Upon receipt of the written complaint (Ext. P-1), FIR No. 46/2016 came to be registered on 19/7/2016 at 4:30 p.m. During investigation, the Investigating Officer got the victim medically examined. The medical expert found a laceration mark on her nose, another on the right side of her chest, and a bruise on her right thigh. A laceration was also noticed on the perineum, though the hymen was found intact. Since the victim had changed her clothes and had taken a bath, no traces of semen could be detected. The medical report further recorded that the introitus admitted the little finger with difficulty. The Investigating Officer also seized the torn pyjama of the victim. The appellant was arrested on 24/10/2016 and was subjected to medical examination, whereupon he was found potent and capable of performing sexual intercourse.