RAJINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellant against judgment dated 11.08.2016 passed by 3rd Additional Sessions Judge, Jammu (Fast Track Court) in Challan no. 43/challan vide FIR no.160/2013 titled State v/s Rajinder Singh u/s 376 RPC by which appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and a fine to the tune of rupees 50,000/-.

(2.) The factual matrix of the case is that the prosecutrix (name withheld) approached the Police Station Kanachak on 10.09.2013 through an application dated 10.09.2013 and on the said application an FIR was registered on the same day. In the said FIR the prosecutrix has mentioned that for about last 10 years she has relations with appellant-Rajinder Singh, who had promised to marry her and on this pretext he had raped her many a times, and has now refused to honour his promise and is going to solemnize marriage with some other girl. It was also alleged that on 08.09.2013 at night appellant herein forcibly took the prosecutrix to a field where he raped her. On this report, FIR No.160/2013 came to be registered with Police Station, Kanachack, Jammu for commission of offence under Section 376 RPC. The investigation of the case was entrusted to Inspector Jatinder Raina. During the course of investigation, the prosecutrix was got medically examined, her statement under Section 164-A Cr.P.C was recorded and it was found that the prosecutrix has been raped by the accused and investigation was culminated in the commission of offence under Section 376 RPC against the accused/appellant.

(3.) The accused was charge sheeted on 25.03.2014 for offences under section 366/376/506 RPC; he denied the accusation and court below after completion of trial, convicted the accused by virtue of impugned judgment and sentenced him accordingly.