STATE OF JAMMU Vs. RAKESH KUMAR AND ANOTHER

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Rakesh Kumar S/o Bua Ditta R/o Sunail, Tehsil Akhnoor and Ajay Kumar S/o Bansi Kumar R/o Daskal, Tehsil Akhnoor ( for brevity 'accused') vide impugned judgment dated 30.09.2013 of learned 3rd Additional Sessions Judge, Jammu, in case FIR No.47/2007 registered in Police Station Akhnoor for the offence under Section 376 RPC, therefore, Cr. Acq. Appeal No.193/2014.

(2.) The prosecution case, in brief, is that on 004.2007, Ashok Kumar, PW-2 brother of the prosecutrix, lodged a written report in the police station, Akhnoor with the allegations that on 29.03.2007, prosecutrix went out of the house at 8.00 P.M in the evening to attend the call of nature in the fields. At about 9.00 P.M. prosecutrix came back weeping to the house and narrated that present accused persons along with juvenile accused namely Sethi caught hold of her and forcibly committed sexual intercourse with her one by one and thereafter they fled away from the spot. Since a Panchayat meeting in the Baradri regarding the incident in question took place on the next day due to which delay had occurred to report the matter to the police. On the said report, FIR u/s 376 RPC was registered and investigation commenced. Investigating officer (I.O.) got the medical examination of the prosecutrix conducted from medical officer at Akhnoor Hospital, site plan of the place of occurrence was prepared. 'Salwar' of the prosecutrix which she was wearing at the time of incident was seized and sealed in a packet and sent to FSL for its examination after getting it re-sealed from Executive Magistrate and report was obtained.The statement of prosecutrix was recorded u/s 164 Cr.P.C. before JMIC, Aknoor and other witnesses were examined by the I.O. under Section 161 Cr.P.C. The accused were arrested on 13.04.2007 and they were also medically examined from the medical officer, Akhnoor Hospital. It came to fore in the investigation that on the fateful day accused persons caught hold of prosecutrix when she had gone to the fields to ease herself and committed rape with her by taking turns. The final report under Section 173 Cr.P.C. was filed in the Court of learned JMIC, Akhnoor after completion of investigation on 26.09.2007 against the aforesaid two accused which after its committal to the Court of learned Sessions Judge, Jammu was transferred to the Court of learned 2nd Addl. Sessions Judge. However, a separate challan was filed against accused Sethi in the competent Court as he was found to be juvenile on the date of incident.

(3.) Vide order dated 12.12.2007, accused were charged for the commission of offence under Section 376 read with 34 of RPC to which they pleaded not guilty and claimed to be tried. Prosecution in support of its case has examined six witnesses. On 24.1.2013, the challan was transferred to the court of 3rd additional (special court constituted for rape cases). Prosecution though cited 11 witnesses, but examined 9 witnesses. A brief resume of the statement of prosecution witnesses is as under; -