M.K.HANJURA
Bashir Ahmad Matoo – Appellant
Versus
State Of Jammu And Kashmir – Respondent
M.K. Hanjura, J.
The broad features of the case, as carved out from the FIR and the other material gathered during the course of the investigation of the case, are that, on the 25th of May, 2003, the complainant lodged a complaint before the authorities of police station Khanyar, stating therein that her minor daughter (Ms X), left her home before a period of six days to offer prayers at the Shrine of Peer Dastageer Sahib but did not return. The complainant tried to trace her whereabouts. She did not succeed in her efforts. Later on, she came to know that her daughter has been kidnapped by the accused No. 1, namely, Bashir Ahmad Matoo, with the connivance of his wife, namely, Dilshada (accused No. 2), who, by deceitful means, enticed/ kidnapped her with the intention to commit rape upon her person. On the basis of this information, an FIR bearing No. 66 of the year 2003 was registered at Police Station, Khanyar, for the commission of offences under Sections 363, 366A, 376 and 109 Ranbir Penal code and the investigation ensued. On the completion of the investigation of the case, a chargesheet, for the commission of offences under Section 363 and 376 Ranbir Penal code and fo
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