STATE Vs. MOHD. RAFIQ

JUDGEMENT

(1.) This criminal acquittal appeal has been filed against the judgment dated 14.07.2006 by which the respondent has been acquitted in respect of the offences under Sections 302/364/171/201 read with Section 34 of the RPC.

(2.) Prosecution story briefly stated is that the respondent alongwith other army persons after putting masks and concealing the uniform by wearing shawls went to the house of the deceased on 21.11.1998 at 8.30 p.m. They first kidnapped the father of the deceased and took him to the house of the father of the respondent. After leaving him there, they came back and went to the house of the deceased and dragged her on a gun point and during this scuffle, the deceased was able to run away and was shot by Sub-Ajit Singh with his carbine. On receipt of the information, police registered an FIR for the aforesaid offences alleged against the respondent and commenced the investigation. After completion of the investigation, police has filed the charge-sheet against the respondent for the offences aforesaid.

(3.) Prosecution in order to prove its case though cited 48 witnesses yet it examined only 35 witnesses. The entire prosecution case is based on the testimony of three star eye witnesses namely Nazir Hussain, Khalil Ahmed and Adbul Gani. The Trial Court on the basis of the evidence on record has acquitted the respondent of the offences alleged against him.