The importance of prompt lodging of FIR, corroboration of prosecutrix's statement, and the need for the prosecution to prove the case beyond reasonable doubt.

JUDGMENT :

Sanjay Kumar Gupta, J.

1. Feeling aggrieved of impugned judgment dated 27.09.2014 passed by learned Sessions Judge, Kathua, whereby acquitting respondent-accused, namely Shamas Din in case FIR No. 75/2008 of Police Station Basohli registered under Sections 376/511 RPC, State has filed Cr. Acq. Appeal No. 38/2017.

2. It is pertinent to mention here that Cond.(Cr.) No. 53/2015 seeking condonation of delay of 133 days in preferring the appeal and SLAA No. 67/2015 seeking leave to file the appeal already stand allowed vide order dated 26.07.2017.

3. We have with the able assistance of learned Addl. AG, gone over the judgment passed by learned trial Court and are of the view that the conclusions reached therein resulting in the acquittal of the respondent do not warrant any interference by this Court in view of the reasons mentioned hereunder:-

Prosecution case is that on the basis of complaint EXTP-1 made by complainant Fathima, wife of Abdul Hamid, of Dodula Basohli with the Police Station Basohli for offences punishable under Section 376/511 RPC. As per the complaint allegation against the accused is that on 02.10.2008 in the afternoon prosecutrix, daughter of complainant, had gone to the house of Moli Begum where the accused with the criminal intention tried to commit rape upon the prosecutrix, but due to sudden arrival of Moli Begum Accused fled away from the spot. The allegation against the accused thus is that he on 02.10.2008 in the afternoon attempted to commit rape upon the prosecutrix in the house of Moli Begum. On the basis of said report, FIR No. 75/2008 was registered with the police station Basohli for offences punishable under Section 376/511 RPC and investigation was started. The investigation in this case was conducted by Head Constable Mohd. Yousaf. He visited the place of occurrence, prepared the site plan, seized the clothes of prosecutrix, recorded the statement of witnesses and found offences punishable under Section 376/511 RPC established against the accused. Challan was presented before JMIC Basohli who committed the same to the Court of Sessions Judge, Kathua. Charges for the offences punishable under Section 376/511 RPC was framed against accused on 25.05.2009. Accused pleaded not guilty and opted for trial. Statement of the accused was recorded under Section 342 Cr.P.C. and incriminating evidence was put to him. He denied the statement and stated that he has been falsely implicated. No evidence has been produced by him in defence. Prosecution produced PWs Fathima Begum, Nagma Akhter, Moli Begum, Razia Akhter, Sajad Ali, I/O Sh. Mohd. Shafi, Rattan Singh and Sham Lal. Court below after conclusion of trial came to conclusion that prosecution has not established its case beyond reasonable doubts and there are inherent defects in case.

4. We have heard the counsel for State. Before re-appreciating the evidence, the brief resume of the same is reproduced hereunder:

PW Moli Begum has stated that accused is not known to her and has no knowledge about the case. Police had not inquired anything from her but had taken her signatures on a plain paper. The witness was declared hostile and cross-examined by prosecution. In her cross-examination by PP she stated that her husband was working in Himachal as labourer. Her land is at a distance of 200 meters from her house. Nagina is her daughter. She is 15/16 years of age. She works at home and is not married. Razia Begum (PW) is also known to her. She has denied that on 02.10.2008 when she had gone for cutting grass in the field, her husband was at home. He was in Himachal working as labour. Her daughter Nagina was at home and at about 1 PM she went on the roof and started shouting "come home". When she reached home she saw that accused had laid Razia Begum on Cot and was trying to commit rape upon her as suggested. Sajad Ali is known to her. She has further denied the statement that Sajad Ali came on spot, when she reached home. Sajad Ali has also witnessed the ac