STATE OF JAMMU AND KASHMIR Vs. UDHAY PARIHAR

JUDGEMENT

(1.) This Criminal Acquittal Appeal has been preferred against the judgment dated 10.02.2014 passed by the trial court, by which the respondent has been acquitted of offences under sections 323/376/458/342 RPC.

(2.) The prosecution story in nutshell is that prosecutrix lodged a complaint on 01.08.2007 before the Judicial Magistrate, Kishtwar, in which she has stated that on 27.07.2007, the respondent in the absence of complainant's parents trespassed in her house during night at about 10 p.m and thrashed her sister Shano Devi, who was sleeping with the complaint and took her to other room, where complainant's other sister, Bijlla Devi was also beaten and both her sisters were locked in the room and thereafter accused tied a handkerchief on the month of the complainant and committed rape on her. On the basis of aforesaid intimation, First Information Report was lodged for offences under sections 323/376/458/342 RPC against the respondent and investigation commenced. After completion of the investigation, charge sheet was presented in the Court against the respondent for the offences as aforesaid.

(3.) The prosecution in order to prove its case examined six witnesses, whereas respondent in defence has examined four witnesses. The trial court vide impugned judgment has acquitted the respondent of the aforesaid offences.