STATE OF J&K Vs. BASHIR HUSSAIN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 30.12.2013 passed by the Additional Sessions Judge, Rajouri, by which the respondent has been acquitted of the offence under Section 376 of the Ranbir Penal Code. The prosecution case in nut-shell is that on 30.08.2007 at about 10.00 p.m., the respondent entered the house of the prosecutrix and committed rape on her. On raising the noise, sister-in-law of the prosecutrix came on the spot, who tried to catch hold the accused/respondent, but was unable to do so and the respondent fled away from the spot. On 31.08.2007 on the complaint being made by the prosecutrix, the First Information Report was lodged against the respondent for offence under Section 376 of the Ranbir Penal Code. The police after completion of the investigation filed charge-sheet against the respondent. The trial Court vide impugned judgment has acquitted the respondent.

(2.) Learned counsel for the appellant submitted that the trial Court grossly erred in appreciating that in view of the statement of the prosecutrix, the offence against the respondent is made out. On the other hand, learned counsel for the respondent has supported the judgment of the trial Court.

(3.) We have considered the submissions made by the learned counsel for the parties and perused the record. The prosecution in order to prove its case, examined as many as 11 witnesses. The prosecutrix was examined as PW1, who has stated in her evidence that she knows the respondent who is her neighbourer and she is residing separately from her brothers. It is further stated by her that on 30.08.2007 at about 10.00 p.m. she was sleeping with her Niece on her bed, when respondent entered in her room and fell her down from the Cot, closed her mouth with a cloth and committed rape on her. On raising the noise, her sister-in-law, namely, Sabra Bibi, came there, who tried to catch hold the accused/respondent, however, he ran away from the spot.