STATE JAMMU AND KASHMIR Vs. SARWAR LONE
HIGH COURT OF JAMMU AND KASHMIR
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Rizvi, J. -
(1.) This acquittal appeal has been filed by the State and is directed against the order of the learned Sessions Judge, Baramulla, dated 24/2/1977 acquitting respondent Sarwar Lone of the charges framed against him for the offence under Sections 366 and 376 RPC, and the respondent Ramzan Lone of the charges framed against him for the offence under Sections 366 and 342 of the R.P.C.
(2.) It appears that a report was lodged by the prosecutrix against the respondents at Police Station, Keran, as far back as on 23-8-1969, alleging therein, that three days prior to that she had gone to a spring in the early morning to wash her face, where the respondents gagged her mouth and took her forcibly to be locked up in the house of Ramzan Lone. The respondents kept her there for three days, and during that period, Sarwar Lone had illicit intercourse with her. On getting a chance, she slipped away from that place and came to her brothers house. On this report the police registered a case and investigated into the matter. Subsequently, the respondents were challenged in the Court of the learned judicial Magistrate. Karnah, who committed them to the Court of Sessions, Baramulla, to stand the trial for the charges framed against them. At the conclusion of the trial, the learned Sessions Judge acquitted the respondents, and hence the appeal.
(3.) We heard the learned counsels for the parties and have gone through the record.;
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