ABDUL MAROOF Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5.5.2004 and order dated 6.5.2004 passed by the learned Sessions Judge, Poonch in case No. 25/Sessions or 1997 whereby the appellant-accused Abdul Maroof was convicted under sections 376, 366 and 342 RPC and was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/- and in dafault of payment of fine to undergo further rigorous imprisonment for six months under section 366 RPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for three months under section 342 RPC.

(2.) THE prosecution story in brief is that one Mohd. Yousaf lodged a written report with Police Station, Mendhar on 31.7.1997 alleging therein that on the intervening night of 28th and 29th of July 1997 the accused appellant animated with criminal intention entered into the residential house of the complainant Mohd. Yousaf situated at Salwah and forcibly abducted the prosecutrix (name not disclosed) and took her to Jammu and Srinagar for seducing her to illicit intercourse and committed sexual intercourse with her against her wish. On this written report a FIR No. 134/1997 under sections 363/109 IRPC was registered with Police Station Mendhar and the investigation in the case started. During investigation the prosceutrix was recovered from Hotel Rohit situated near Jewel Cinema, Jammu. The proscutrix was examined medically and her statement under section 164 Cr.P.C. was also got recorded by the police. After completion of the investigation, a challan under sections 366/376 RPC was produced in the court of Munsiff Judicial Magistrate 1st. Class, Mendhar, who committed the case to the court of Sessions for trial.

(3.) THE prosecution has examined PW-1 Mohd Yousaf; PW-2 Mst. Salima, PW-3 Bagha, PW-4 Farid, PW-5 Mst. Tanzeem Akhtar, PW-6 Sikander Azam, PW-7 Vijay Kumar, PW-8 Romesh Singh, PW-9 Swaran Singh, PW-10 Manzoor Hussain, PW-11 Lady Dr. Menu Gupta, PW-12 Dr. Sadhu Singh Khajuria, PW-13 Dr. R.L. Gupta, PW-14 Muzaffar Hussain Shah, PW-15 Rajesh Kumar Sikri and PW-16 Mohd. Rashid Malik in order to prove its case.