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RAJESH SEKHRI
State of J&K – Appellant
Versus
Davinder Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. Pawan Dev Singh, Dy. AG
For the Respondents:Mr. Gagan Oswal, Advocate

JUDGMENT

This appeal has been directed against the judgement dated 27.05.2013 passed by learned 3rd Additional Sessions Judge, Jammu (‘trial court’ for short) vide which respondents have been acquitted.

2. The case set up by the prosecution in the trial court, in brief, is that PW-3, Santosh Kumari, mother of the prosecutrix (name withheld) lodged a written report on 17.12.2004, stating therein that she along with her daughter were residing as tenant in the house of a police inspector namely Ajay Gupta at Link Load, Jammu. The prosecutrix used to make quilt covers in the shop of respondent no. 1 situate at Mast Garh. About 7/8 days back, respondent no. 1 asked her to drop the prosecutrix in his shop for night shift. The prosecutrix went to the shop of respondent no. 1, but was not allowed to come back. It was alleged that respondent no. 1 forcibly committed sexual intercourse with the prosecutrix and two boys were accompanying him. It is further allegation of the complainant that she went to police post, Chowk Chabutra and lodged a report. However, after some days, three persons including a police man took her to the said police post, where she was forced to enter into a written

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