STATE OF J&K Vs. ASGAR ALI

JUDGEMENT

(1.) The instant Criminal Acquittal Appeal has been preferred by the appellant against the judgment dtd. 18/1/2010 passed by the learned Additional Sessions Judge, Kathua by virtue of which the accused/respondent has been acquitted from the commission of offence under Sec. 376/511 RPC on the following grounds:

(2.) I have considered the rival contentions.

(3.) Briefly the prosecution case before the trial Court was that on 4/9/2004 a written report was filed by one Suraj Parkash that the daughter of his brother Miss Anju D/o Manohar Lal, age 7 years, studying in Government Primary School Khadar was taken inside the room of the school by the accused, who was teacher in the school, undressed the girl and tried to rape her. Meanwhile, a boy of the school, namely Shakti Kumar came and saw the whole episode. When the victim came to the house, she narrated the whole matter to her mother. Her uncle Suraj Parkash filed a written report before the Police Station Bani. On receiving this report, police swung into action, recorded the statements of the victim/witnesses u/s 161/164 CrPC and registered a case for offence u/s 376/511 RPC and arrested the accused. After fulfilling all the formalities, the challan was presented before the learned Munsiff Bani, who committed the same to the court of learned Principal Sessions Judge, Kathua and the same was later on transferred to the court of learned Additional Sessions Judge, Kathua.