IN THE HIGH COURT OF JAMMU AND KASHMIR
M.K. HANJURA, J.
Bashir Ahmad Matoo - Appellant
Versus
State Of Jammu And Kashmir - Respondent
Cr. Appeal No. 08 of 2014 and MP No. 01 of 2017
Decided on : 30-01-2018
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 for the commission of offences under Section 366A and 109 Ranbir Penal code was laid against the accused No. 1 and 2 respectively in the Court of the learned Chief Judicial Magistrate, Srinagar and the learned Chief Judicial Magistrate, Srinagar by his order dated 14th of June, 2003 committed the case to the Court of learned Principal District and Sessions Judge, Srinagar. By his order of even date, the learned Sessions Judge, transferred the case to the Court of learned Additional Sessions Judge, Srinagar, for disposal under law. Thereafter, by order dated 21st of June, 2003, of the Court of the learned Additional Sessions Judge, Srinagar, the accused No. 1, namely, Bashir Ahmad Matoo, was charged for the commission of offences under Section 363, 366-A, 376 Ranbir Penal code and the accused No. 2, namely, Dilshada, was charged for the commission of offences under Section 363, 366-A, 376 and 109 Ranbir Penal code. The accused denied the charge and claimed to be tried. Accordingly, the prosecution was asked to produce the evidence in support of its case. The prosecution examined as many as 10 witnesses to bring home the guilt of the accused. The prosecution evidence was closed on 23rd of February, 2007 and the case was posted for recording the statements of the accused under Section 342 Cr.P.C. These statements of the accused were recorded on 19th of July, 2007. The accused, in these statements, denied the occurrence and the case was posted for advancing arguments in terms of Section 273 Cr.P.C. On 27th of July, 2007, the Court directed that it was not a case of no evidence and asked the accused to produce their evidence. The accused examined two witnesses in defence and it was on 5th of May, 2008, that the evidence in defence was closed and the case was posted for advancing arguments. On the culmination of the trial, in terms of the judgment dated 28th of April, 2014, the learned trial Court held the accused No. 1 to be guilty of offences punishable under Sections 376, 363, 109 Ranbir Penal code and the accused No. 2 was found guilty of offences punishable under Sections 366-A, 363, 376, 109 Ranbir Penal code. Thereafter, on the 10th of May, 2014, the accused No. 1, namely, Bashir Ahmad Matoo, was convicted and sentenced to undergo imprisonment for a period of 10 years and a fine of Rs. 10,000/- under Section 376(1) RPC, in default of the payment of fine, he was directed to undergo simple imprisonment for six months. The accused was also sentenced to undergo imprisonment of 3 years and 6 months and a fine of Rs. 5,000/- for offences under Sections 363, 109 Ranbir Penal code. In default of the payment of fine, he was directed to undergo simple imprisonment of two months. The accused No. 2, namely, Dilshada, was convicted and sentenced to undergo impriso
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