STATE OF JAMMU & KASHMIR Vs. RAVI KUMAR

JUDGEMENT

(1.) By way of the instant appeal, the State-appellant has assailed the judgment dated 31st of August, 2007 passed by learned Additional Sessions Judge, Reasi in case titled "State v. Ravi Kumar and another", arising out of FIR No. 102/2004 registered with Police Station, Reasi, on 10th of September, 2004 for the commission of offences punishable under Sec. 376/366/302/201 of the Ranbir Penal Code. The case was registered by the police on a written report made by one Salik Ram on 10th of September, 2004 to the police station informing that his daughter (referred to herein as A), who had gone for natural call early in the morning on 9/9/2004 and did not return back. Upon effecting a search for him, he obtained information that one Ravi Kumar (respondent No. 1 herein) had kidnapped the A for illegal purpose and the Ravi Kumar was accompanied by one Mohd. Qayoom.

(2.) After registration of the case, during investigation, Mohd. Qayoom was arrested, whereupon, it is alleged that he made an extra judicial confession on 9th of September, 2004. Ravi Kumar was also arrested during the course of investigation, who is also alleged to have made an extrajudicial confession in police custody.

(3.) During the investigation, the police got the post-mortem of dead body of A conducted. The police also seized blood-stained soil, salwar of A and underwear of Ravi Kumar. On completion of investigation, a charge sheet under Sec. 173, Cr.P.C. was filed for commission of offence by the accused persons under Sec. 376/366/302/201 of the Ranbir Penal Code.