2013 Supreme(J&K) 104
HASNAIN MASSODI
Mohd. Younis Bhat – Appellant
Versus
State of J&K & Ors. – Respondent
Advocates Appeared:
Mr. M.M. Iqbal, Advocate for the Petitioner.
None for the Respondents.
1. The victim of alleged sexual assault, as per prosecution case was abducted by Shri Javed Ahmad Rather alias Jab Kasai Son of Abdul Rehman Rather Resident of Kanjiwar, Shopian and his accomplices in a red coloured Santro on 10th Novem#31;ber, 2012 at 7.p.m, when she came out of her residence to answer call of nature. The matter was reported on the day of occurrence itself to Police Station Shopian. The report lead to registration of case FIR No. 345/2012 under Sections 366, 376, 109 RPC. The victim was recovered on 11th November, 2012 allegedly in a semi naked and semi conscious condition. Her medical examination revealed that she was sexually assaulted. It is important to note that in the First Information Report, while Shri Javed Ahmad Rather was nominated as accused, it was also alleged that he was aided and assisted by three other boys, in commission of the crime. The investigation was concluded as proved against Shri Javed Ahmad Rather alias Jab Kasai Son of Abdul Rehman Rather Resident of Kanjiwar, Shopian and a Charge-sheet alleging commission of offence under Sections 366, 376,109 RPC presented before the local Magistrate. The case was committed to the Court of Sessions o
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