1. State is in appeal against the judgment of acquittal dated 12.02.2015 rendered by the court of learned Sessions Judge, Budgam in Session Case No. 142/S, whereby respondents-1, 3, 5 and 6 have been acquitted after their trial for offences under sections 376, 109 RPC arising in FIR No. 40/2013 of Police Station, Khansahib. When this appeal came up before a Division Bench of this Court at Srinagar on 03.03.2015, the learned Bench stayed the impugned judgment to the extent of respondent No. 1, Gulzar Ahmad Bhat (hereinafter, for short, R-1) and issued direction for taking him in judicial custody.

2. We have heard learned counsel for the parties and perused the record.

3. Facts of the prosecution case as set out before the trial court are that R-1 was running a religious institution, namely, Noorni Fatima Zuhra (Radia-allah tallah Anhuma) at Shamsabad, Chadoora. PWs 1 to 5 (names not to be disclosed herein) had secured admission in this institution. On 18.05.2013 PWs 1 to 4 lodged a written information (for short the FIR) to the Dy. S. P. Budgam alleging that R-1 has repeatedly raped them. They alleged in the FIR that R-1 had been calling them individually in his room, he used