- (1.)Appellant, Mohd. Afzal Naik, who has been convicted and sentenced for rigorous imprisonment of seven years and fine of Rs.10,000/- under section 376 RPC, in default, to further suffer simple imprisonment for one year; and rigorous imprisonment of five years and fine of Rs. 5000/- u/s 366 RPC, in default, to further undergo simple imprisonment of six months, vide judgment of conviction/order of sentence dated 07.02.2006/08.02.2006 respectively by the learned Additional Sessions Judge, Ramban, has filed the present appeal with prayer for setting aside the same..
(2.)Brief facts of the case are that a criminal challan under Sections 366/376 RPC in FIR no. 65/2002 was filed by the Police Station, Banihal against the present appellant in the Court of Judicial Magistrate 1st Class, Banihal, who committed the same to the Court of learned Additional Sessions Judge, Ramban on 17.07.2002.
(3.)The allegations against the appellant are that the prosecutrix when had gone to answer the call of nature at Har Beer, Kaskoot, the appellant abducted her and took her to Moga in Punjab and Batote where she was seduced to illicit intercourse against her will and wish. A written report dated 16.05.2002 was lodged by the father of the prosecutrix with the Police Station, Banihal and accordingly FIR No.65/2002 under Section 376 RPC was registered and investigation was started. During the investigation, the prosecutrix was recovered from a room of the appellant "s house situated at Batote. She was medically examined and the medical report was procured. The statements of the prosecution witnesses were recorded u/s 161 Cr.P.C . and on completion of the investigation, the police authorities filed the present challan against the accused for the alleged commission of offences under Sections 366/376 RPC. The accused was charge sheeted and the prosecution was directed to produce the evidence. During the course of trial, the prosecution has produced PW-1 Mohd Ayub Khan, PW-2 Mst. Misra Begum, PW-3 Wazir Mohd Khan, PW-4 Mst. "A" (prosecutrix), PW-5 Mohd Ayub SPO, PW-6 Om Singh SPO, PW- 7 Dr. Rehana, PW-8 Mohd Iqbal Bhat and PW-9 Gulam Mohd, H.C.