STATE OF J&K Vs. AZAM UL HAQ

JUDGEMENT

(1.) We have heard learned counsel for the appellant.

(2.) By way of the instant appeal, the challenge has been laid to the Judgment dated 1st of September, 2017 passed by the learned Principal Sessions Judge, Kathua, acquitting the respondent of the charges under Sections 363 and 376 of Ranbir Penal Code (RPC) for which he was charged.

(3.) The Judgment disclosed that it was the case of the prosecution that based on written complaint filed by one Kaku Ram on 19th of May, 2010, the FIR No. 60/2010 was registered at Police Station, Billawar, for the commission of offences under Sections 363/376 RPC, on the minor daughter of the complainant. In the complaint it was alleged that on 16th of May, 2010 at about 10 pm, the minor daughter of the complainant (herein after referred to as 'X') was forcibly kidnapped by one Rizwan. 'X' was recovered on the next day i.e., 17th of May, 2010 on a tree. It was alleged that she had been threatened by the accused and she had been subjected to sexual intercourse during the night. The delay in lodging the FIR was explained on the ground of intimidation by the accused person.