MANZOOR AHMAD TELI Vs. STATE OF J&K

JUDGEMENT

(1.) Vide judgment impugned dated 22nd April, 2014 passed by the Court of 2nd Additional Session's Judge, Srinagar, the appellant-Manzoor Ahmad Teli, has been convicted for commission of offence punishable under Section 376 RPC, after hearing on quantum of sentence, vide order dated 09.05.2014, has been sentenced to undergo simple imprisonment of 10 years under Section 376(2)(f) RPC and a fine of Rs.10,000/, in default of payment of fine to undergo further simple imprisonment of six months.

(2.) Registration of case on 10.11.2006 as FIR No.161/2006 P/S Saffa Kadal for commission of offence punishable under Section 376/511 RPC, on completion of investigation, culminated in filing charge sheet (challan) on 01.12006 for commission of offence under Section 376 RPC before the Court of Chief Judicial Magistrate, Srinagar. Same was assigned to the Court of Judicial Magistrate 1st Class (Judge Small Causes), Srinagar, who in turn committed the case to the Court of Principal Sessions Judge, Srinagar, wherefrom, vide order dated 14.12006, it has been transferred to the Court of 3rd Additional Session's Judge, Srinagar.

(3.) Court of 3rd Additional Sessions Judge, Srinagar, after hearing prosecution and the defence, vide order dated 20.12.2006 framed charge against the accused for commission of offence punishable under Section 376 RPC to which accused pleaded not guilty and claimed to be tried. Prosecution in support of its case, out of listed 10 witnesses, produced 9 witnesses. PW-9, witness to the seizure memo, has not been produced whereas PW-4 (prosecutrix) though produced but being child, after recording satisfaction, was opined not to be a competent witness to make the statement. prosecution evidence has been closed on 11.06.2009.