RANJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant has filed the instant petition for suspension of sentence along with appeal under Section 410 of the Code of Criminal Procedure (hereinafter for short, Cr.P.C ) against the judgment of conviction/order of sentence dated 30.05.2018/31.05.2018 respectively passed by the learned Principal Sessions Judge, Reasi, in File no.165/Sessions, whereby applicant/appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 25,000/- for offence under Section 376 RPC.

(2.) The case of the appellant is that he was arrested on 01.01.2010 and released on bail on 26.11.2010. He was again taken into custody on 05.04.2012 and released on bail on 07.04.2012. Therafter, again on 07.10.2017 he was taken into custody and since then appellant is in continuous detention and is presently lodged in Central Jail, Jammu.

(3.) It has further been stated that case of the prosecution in brief is that on 31.12.2009, Gayatri Devi (mother of the victim) lodged a written complaint in the Police Post, Ban Ganga, alleging that on the previous night at 11 p.m her daughter (name withheld) had gone to fetch water at Dhaba More and at the time when she was fetching water a boy, namely, Ranjeet Singh S/o Pritam Singh R/o Purana Daroor came there and caught hold her daughter and took her towards the bushes and then he committed forcible rape upon her. Her daughter raised alarm and get rescued herself from accused. She returned back to house and narrated the whole incident to her mother-Gayatri Devi. On the basis of this report, FIR No.178/2009 under Section 376 RPC was registered in Police Station, Katra and the investigation commenced. The statements of the witnesses under Section 161 Cr.P.C. were recorded. The clothes of the prosecutrix were examined by radiologist for the determination of her age and as per the report of radiologist the prosecutrix is more than 12 years, but less than 14 years.