SHABIR AHMED Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Petitioners through the medium of present petition have invoked the inherent powers of this court under section 561-A of J&K Criminal Procedure Code, seeking to quash the FIR No. 08 of 2019 dated 08.03.2019, registered with Police Station, Women Cell, Doda under section 366, 376, 342 RPC.

(2.) Before delving into the merits of the case, it would be necessary to have a brief notice of allegations leading to registration of impugned FIR. The complainant Abdul Rashid, who is the father of the prosecutrix, reported the Police Station, Women Cell, Doda on 02.01.2019, that his daughter namely prosecutrix is missing. On 04.03.2019, the prosecutix was recovered from Jammu by police team of Police Station, Women Cell, Doda and taken back to home where she narrated the whole ordeal with the parents that on 31.12.2018, while she was going to Degree College, Doda for appearing in B.A Part-II Examination, was kidnapped by the accused person namely Raies Ahmed and other unknown persons and took her to Koil Kadal, Sringar, where she was kept under the surveillance of one unknown lady. The accused persons repeatedly committed rape upon her. On 08.03.2019, on the written application of the complainant an FIR No. 08/2019 under sections 376/366/342 RPC was registered against the accused persons.

(3.) During the course of investigation, the statements of prosecutrix and her sister Rafiqa Begum and father Abdul Rashid ware recorded under section 164-A Cr.P.C before the Distict Mobile Magistrate (T) Doda in which presecutrix has stated that the accused persons have kidnapped her from ITI Doda and took her to Srinagar where accused persons have repeatedly committed the rape upon her. It is also stated by the prosecutrix that the accused Shouket Ali also committed rape upon her when accused Raies Ahmed took her to his residential house. In terms of previous orders, the prosecutrix was also produced before this court on 29.05.2019, where she stated that she had not gone with the accused on her own consent, but she was kidnapped.