STATE THROUGH PUBLIC PROSECUTOR Vs. MOHD MUKHTAR

JUDGEMENT

(1.) This criminal appeal calls in question the judgment dated 25th November, 2008, by virtue of which the appellant has been convicted for the commission of offences punishable under Section 376 of the Ranbir Penal Code, hereinafter as RPC. It assails the order dated 28th November, 2008 also by virtue of which the quantum of sentence has been awarded.

(2.) The appellant has been sentenced to undergo rigorous imprisonment of 10 years and imposed a fine of Rs. 5000/- for the commission of offences punishable under Section 376 RPC; hereinafter to be referred as impugned judgment.

(3.) Prosecutrix, namely Zaheen Akhter, accompanied by her mother, Kaneez Akhter Fatima, lodged a report in Police Station Mendhar, to the effect, that in the evening of 6th February, 2006, accused Mohd. Mukhtar had forcibly made her, along with her companions, to board a Tata Sumo vehicle bearing registration No. 0965/JK12, which was driven by its driver, when she was on a leisurely walk along with her minor sister, brother and cousin; the vehicle after having been driven towards village Kota, Mendhar, was stopped near a cesspool; she was separated from the group by the accused, by dragging her out of the vehicle and was subjected to rape. Thereafter, she was again made to board the same vehicle in which the other companions of the prosecutrix were dumped; thereafter all of them were allowed to alight down from the vehicle near Post Office.