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2021 Supreme(J&K) 215

Safina Kouser – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Mr. Sunil Sethi, M/s Mohsin Bhat & Navyug Sethi, Advocates
For the Respondent:Mr. Bhanu Jasrotia, Mr. Aditya Sharma, Advocate

JUDGMENT :

1) The petitioner, a victim of rape, has invoked the revisional jurisdiction of this Court to challenge the judgment and order of acquittal dated 23.04.2015 passed by the Court of learned Principal Sessions Judge, Rajouri [“the trial Court”] in file No.55/challan titled State of J&K v. Muzzafar Hussain.

2) With a view to appreciate the challenge of the petitioner to the impugned judgment of acquittal it is necessary to briefly notice material facts. As per prosecution, a complaint written in Urdu was presented by Mohd. Nasir, the father of the petitioner, before Judicial Magistrate 1st Class, Thannamandi on 16.10.2008, which was forwarded by the learned Magistrate under Section 156(3) Cr.P.C. to the Incharge Police Station, Thannamandi. It was stated in the complaint that the daughter of the complainant, aged 17 years old, was enticed by respondent No.2.

He took her in confidence and committed rape on her. Respondent No.2 also threatened her of dire consequences, if she discloses it to anybody. When his daughter became pregnant, the complainant came to know the facts. The matter was taken to panchayat, where respondent No.2 as also his parents were called. Respondent No.2 a

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