STATE OF J&K Vs. SURINDER KUMAR

JUDGEMENT

(1.) This is an application by the State seeking leave of this court to file an appeal against the order and judgment of acquittal dated 22.08.2016 recorded by the Learned Principal Sessions Judge, Samba by virtue of which the respondent has been acquitted of the charges u/s. 458/376 RPC. Before appreciating the grounds urged in this application, it would be apposite to take note of the case set up by the prosecution, the evidence recorded and the manner in which the same has been appreciated by the learned trial Court.

(2.) The case set up by the prosecution is that on 27.06.2012 at about 12:40 P.M., the prosecutrix (PW-1) alongwith her mother lodged a written report in Police Station, Purmandal, Jammu alleging therein that she is the resident of village Baabli Tehsil Samba and on the night before lodging of FIR, there was a marriage in the village and her family members had gone to attend the same. She was alone at home and at about mid- night, a boy entered her house and finding her alone, sexually assaulted her four times. It is further alleged that when he left her after committing the crime, she raised alarm and few people gathered on the spot and on seeing them, the boy ran away. Later on, she came to know that the said boy was Surinder Kumar, resident of Dabuj.

(3.) On the basis of aforesaid written complaint lodged by the prosecutrix, FIR No. 12/12 u/s. 458/376 RPC was lodged in Police Station Purmandal and investigation was set in motion. The Investigating Officer (I.O) visited the spot, prepared the site plan, seized the clothes of the prosecutrix, sealed and sent them for FSL examination. The prosecutrix was got medically examined. The statement of witnesses u/s. 161 Cr.P.C were recorded. The statement of Prosecutrix and her mother were however, recorded before the Judicial Magistrate u/s. 164-A Cr.P.C. After obtaining the medical and FSL opinion and on the basis of material collected during the investigation, challan in terms of section 173 was presented before the Learned Chief Judicial Magistrate, Samba which was committed by the Learned CJM on 16.07.2012 as the offence u/s. 376 RPC was exclusively triable by the Court of Sessions. The Court of Sessions Judge, Samba (hereinafter referred to as the trial court) framed the charges against the respondent for offence u/s. 458/376 RPC.