GIRDARI LAL Vs. STATE OF J & K

JUDGEMENT

(1.) Final report pursuant to investigation in case bearing FIR No. 27/2018, registered at Police Station, Kulgam, has been presented before the competent Magistrate, who has committed same. Case is stated to be presently pending trial before the learned Principal Sessions Judge, Kulgam. The present petitioner along with other accused named in challan namely, Shabir Ahmad Itoo, Adil Ahmad Malik, Reyaz Ahmad and Meema, are thus facing trial for the commission of offence under Sec. 376 RPC. Supplementary report is stated to have been submitted against the present petitioner on 20/8/2018 and initially second challan was presented on 2/5/2018. First Information Report is stated to have been lodged with police by one Safeer Ahmad Wani S/o Late Ab. Rahim Wani R/o Chehlan on 29/1/2018, against the accused-Shabir Ahmad, Meema Wd/o Gulzar Ahmad, Juhi D/o Gulzar Ahmad, wherein it has been stated that her minor girl aged about 16/17 years, is missing for last one week in this regard. During this period, it came to fore according to him, that her daughter has been kidnapped by the accused named above and shifted her somewhere in Jammu. In the final report submitted by the Investigating Agency, more accused were found to be involved for the commission of offences under Sec. 363, 376, 120-B RPC and they have been arrayed so. The alleged victim is stated to have been subjected to sexual aggression by the accused. It is being stated that the petitioner herein was found involved for the commission of offences pursuant to test identification parade conducted in this regard.

(2.) In her statement under Sec. 164-A Cr. PC recorded on 2/2/2018, the victim has stated that she was kidnapped due to active role played by Juhi, her friend who later moved to Jammu, where she was raped by the accused- Shabir Ahmad and some other persons including Riyaz Ahmad, Girdari Lal @ Chotu, Bilal Ahmad, Adil Ahmad and Bunty. The present petitioner is stated to have been running a Hotel under the name of Sahara and he used to entice the customers for flesh trade. One SHO is also alleged to have committed to rape upon her.

(3.) Bail application presented before the learned Sessions Court has entailed rejection in terms of order dtd. 12/2/2019. The trial Court referred to statement of prosecutrix and observed that it would not be proper to comment upon the evidence rendered so far at this stage.