FAROOQ AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant application applicant/appellant seeks bail during the pendency of the appeal.

(2.) Learned counsel for the applicant/appellant states that applicant/appellant is innocent and has been implicated on false grounds in the FIR No. 160/2005 for commission of offence under Sec. 376 RPC. It is stated that applicant/appellant has been in lockup for the last more than five years and even appeal is pending for adjudication more than six years and there is no chance of it being heard early in near future.

(3.) Facts, relevant for disposal of the present bail application, are that on 20.07.2005 a verbal report was lodged by PW1 mother of the prosecutrix (Ms Bano) that in the afternoon of 17.07.2005, the prosecutrix had gone to a nearby shop to purchase some articles. She came back crying and informed her that accused had raped her forcibly in a forest while she was on her way to the shop. He lured her by paying Rs.5.00 and took her to nearby bushes and raped her there and fled away from the place immediately after the occurrence. It was further reported that since the husband of the informant was out of his home, he came back in the evening and PW1-mother of the prosecutrix narrated entire story to him. Accused and his father coerced them to settle the matter amicably and that delayed the lodging of the report. On the night of 19th July 2005 at about 11.30 P.M some people including the accused forcibly entered their house and assaulted the entire family of the informant. On the basis of this report, a case under Sec. 376 RPC was registered and investigation was taken over by Sub-Inspector Braham Dev Singh. He proceeded on spot and collected the evidence. The minor prosecutrix was referred to Doctor for examination. Her wearing apparels were sealed and dispatched to FSL for chemical examination; the radiological examination of the prosecutrix was conducted. After investigation, it came to the fore that accused had lured the minor prosecutrix by paying her Rs. 5.00 and had taken her to bushes where he raped her forcibly and thereafter started threatening the family of the prosecutrix that they must not lodge the report and ultimately on the night intervening 19th and 20th of July, the accused and his associates barged in the house of prosecutrix and assaulted them with lathies. Pursuant to which, a case FIR No. 161/05 for the offences under Sections 458/147/148/323/201 RPC was registered. After receiving the medical reports and the opinion of the radiologist, it was found that prosecutrix was around 12 years old at the time of alleged occurrence and the accused had brutally assaulted her sexually and his complicity in commission of offence under Sec. 376 RPC was established and so the charge sheet found its way to the court. Accused was charged for the offence under Sec. 376 RPC and pursuant to his pleading not guilty to the charges prosecution examined 11 witnesses to support the charges. Accused has also examined one witness in defence and has also denied his involvement in the alleged crime in his statement under Sec. 342 Cr.P.C.