SAIDA MOHD Vs. STATE OF J AND K

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17-1-2002 and order dated 18-1-2002 passed by learned Sessions Judge, Poonch, vide which the appellants have been convicted and sentenced under Ss. 376, 363, 342 and 109, RPC as under :-

(2.) The prosecution story, in brief, is that Azmat Bi, prosecutrix, had gone to the house of her maternal grandfather at village Digwar two days prior to Id festival. On the eve of Id festival the prosecutrix, along with maternal grandfather, maternal uncle Abdul Karim and aunt was present in the house of Abdul Karim, when Saida Mohd and Shamash Din came there and narrated that the mother of the prosecutrix is ill at village Doodi and she has been called there, Abdul Karim sent the prosecutrix with them. She along with Saida Mohd. and Shamash Din boarded the bus from Poonch upto Dhundak. On way there is house of appellant-Saida Mohd. They went to the house of Saida Mohd. when Nazir Mohd. and Mohd. Bashir also came there. The prosecutrix got up to go her mother's house, but accused- Saida Mohd. restrained her and told her that he will marry her. Accused-Saida Mohd threatened her to be eliminated in case she raised alarm, and she was kept locked in a room for five days. Accused-Saida Mohd. tore her clothes and committed rape on her for five days. On 6th day, when no male member was present in the house and only a female was present there, she pretended that she has to answer the call of nature and when the female member opened the door she ran away from the house and came to Dhundak bridge from where she boarded a bus and reached Poonch and thereafter she went to the house of her maternal grandfather and thereafter to the house of her maternal uncle at Digwar and narrated the occurrence to him. Abdul Karim along with the prosecutrix went to Police Station, Poonch and moved an application before the Superintendent of Police, on the basis of which an FIR was registered against the accused persons, namely, Saida Mohd, Shamash Din, Wazir Mohd. and Mohd. Bashir.

(3.) After completion of the investigation, challan was presented before the Illaqa Magistrate and it was committed to the Court of Sessions. On commitment, the accused were charge sheeted under Sections 376, 363, 342 and 109, RPC to which they pleaded not guilty and claimed trial.