STATE Vs. GHULAM NABI

JUDGEMENT

(1.) THE three accused persons, Ghulam Nabi, Ghulam Mohiuddin constables and Faiz Ullah cook of K. A. P. Third Battalion were put on trial under Section 377, R. P. C. before the Additional District Magistrate, Kathua. They denied the charge and pleaded not guilty. On examination of the evidence the trial Magistrate found the accused guilty of the offence under Section 377, R. P. C. and sentenced them each to two years' rigorous imprisonment with a fine of Rs. 500, in default to undergo six months further rigorous imprisonment. The accused appealed against their convictions and sentences and the learned Sessions Judge giving them the benefit of doubt quashed their convictions and sentences and acquitted them. The State has filed an appeal against the order of acquittal through the Advocate General.

(2.) THE prosecution case, briefly put, is as follows: On 5th April, 1964 the accused took Parmanand alongwith themselves to see cinema show at Kathua. After the cinema show was over they went to a hotel in the bazar where they took liquor and had their evening meals. After that they proceeded towards the Police Lines. Having covered some distance they were on wrong track. They turned back and reached the school compound. It was a dark night and the accused, it is alleged, forcibly threw down Parmanand on the ground and each one of them had carnal intercourse with him. His pants were torn from behind and he was forced to submit himself to the carnal passion of the accused. Parmanand tried to extricate himself but he found it impossible to do so as he was held by two accused and the third committed sodomy on him. Parmanand managed to escape from the clutches of the accused. He came to the camp and reported the matter to his brother-in-law, Bansi Lal who advised him to go to sleep as his officers who were to be informed were resting at that time. Bansi also advised him to report the matter to them in the morning. Parmanand slept in the camp during the night and early in the morning reported the matter to the Commanding Officer The victim was sent for medical examination and on the 9th of April the matter was reported to the police. After investigation the accused were challaned as stated above.

(3.) THE prosecution has produced Parmanand, Bansi Lal, S. Anup Singh, Dr. Narang who had examined Parmanand, Devkinandan and S. Balwant Singh S. H. O. The accused had denied having committed the offence and had pleaded alibi. In support of that plea they produced Dalip Singh H. C. , Munshi Khan H. C. , Ali Mohd H. C. , Ghulam Mohd. Khan, Inspector, Triloki Nath Sub Inspector and Moh'd Maqbool Battalion Havaldar Major. [after discussing the evidence the judgment proceeds :] Dr. Narang examined Parmanand and found the following: