GH MOHD PAHALWAN Vs. STATE
HIGH COURT OF JAMMU AND KASHMIR
Gh Mohd Pahalwan
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(1.) THE appellant was convicted by Addl. Sessions Judge. Srinagar. On 17 -5 -1976 for offences under sections 363 R. P. C. He was sentenced to undergo rigurous imprisonment for three years and to pay a fine of Rs.
200/ - for the offence u/s 363 R. P. C. and to undergo rigurous imprisonment for a period of 5 years and to pay a fine of Rs. 500/ - for
the offence under sec. 376 R. P. C. In default of payment of fine, he was
to undergo simple imprisonment for one and 2 months, on the two counts,
respectively. Through the medium of this appeal, he has challenged his
conviction and sentence.
(2.) ACCORDING to the prosecution case, the appellant abducted and committed rape on Mst. Maryam, than a minor girl of about 15 years. The
prosecution story in a nut -shall is that the appellant, who acted as a
marriage broker, played a confidence trick on the prosecutrix and her
family members, including Noor Mohd Beg. the father of the prosecutrix.
It is alleged that the appellant used to visit their house in connection
with the marriage of the prosecutrixs brother and there he tried to
perform some so 013 miracles which he attributed to his saintly qualities
and to the fact that he had "cover powered the demons" He created an
impression on the family that he could cure people suffering from
different ailments and grant their wishes through his spiritual power.
The family of the prosecutrix was taken in completely by the appellant
and they began to trust him and respect him. On November 4. 1967, the
psosecutrix complained of suffering from some stomachache and discomfort.
The appellant was in their house at that tine. He was approached and he
took upon himself to curve her of the ailment, On his asking, the
prosecutrix was made to accompany him to a mosque to offer prayers,
Instead of returning with the prosecutrix to her house after the prayers,
it is alleged, that the appellant kidnapped the prosecutrix and took her
to different places, where he committed rape on her The father and other
relatives of the prosecutrix searched for her in vain. A report about the
missing of the prosecutrix and the fact that she had been taken away by
the appellant was lodged by her father, Noor Mohd, with the police on 6th
of November. 1967 and that made the police swing into action. On 8th of
November, 1967, the prosecutrix and the appellant were apprehended near a
graveyard at Srinagar by the Police, who was informed of their presence
near the grave yard by the maternal uncle of the prosecutrix. After
investigation, the police submitted the challan and the appellant was
convicted and sentenced, as noticed earlier.
(3.) WITH a view to connect the appellant with the crime, the prosecution examined besides the prosecutrix, her father Noor Mohd.
Ghulam Rasool, Ghulam Qadir Gujri, Ali Mohd, Ghulam Nabi Sofi Ghulam
Rasool Constable, Dr. Vijay Kaul. Radiologist Mohan Lal and the
Investigating officer Shri Radha Krishan. The appellant denied the
prosecution allegations against him in his statement recorded under sec.
342 Cr. P. C. and preduced Amir -ud -Din Baba, Pir Mohi -ud -Din, Ghulam Mohd, Abdul Gani, Ghulam Nabi Mir, Ghulam Mohd. Sheikh and Maqbool Dar in
In a case of this type, utmost importance is to be attached to the statement of the prosecutrix and the Medical evidence, other
evidence, being only of corroborative nature, since in a case of rape one
can hardly find an eye witness. Once the court is satisfied that the
version given by the prosecutrix is trust worthy and free of blemish and
finds support from the medical evidence, the court need look for no other
corroboration to record conviction, Of course the testimony of the
prosecutrix has to be weighed with caution for a charge of rape can be
easily made out, if her testimony inspires confidence, conviction can be
based on her testimony supported by the medical evidence alone. It is in
this background that I proceed to deal with this appeal.;
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