STATE OF J&K Vs. MOHD. JABBAR

JUDGEMENT

(1.) The State seeks leave and condonation of 23 days' delay for filing appeal under section 417 of the Criminal Procedure Code, 1973 against a judgment of acquittal dated 27.02.2015, whereby learned trial court has acquitted the respondent of offences under sections 363, 376 RPC after his trial arising in FIR No. 73/2006 of Police Station Manjakot.

(2.) Heard learned Government Advocate appearing for the State and Mr. Rahul Raina, Advocate appearing on behalf of the respondent.

(3.) Prosecution case as set out before the learned trial court, precisely, is that on 30.10.2006 at 1 PM the respondent kidnapped the daughter of PW Mohd. Rehman when she was on her way back to Home from her School. He committed repeated sexual intercourse with her. It came in the investigation that the date of birth of the girl was 1.1.1990 and that respondent had committed sexual intercourse with her prior to her abduction on 30.10.2006 also.