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2021 Supreme(J&K) 546

TASHI RABSTAN, SANJAY DHAR
State of J&K – Appellant
Versus
Ravi Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vishal Bharti
For the Respondent: Sachin Sharma

JUDGMENT :

Sanjay Dhar, J.

1. The instant appeal is directed against the judgment dated 30.04.2014 passed by the learned Sessions Judge, Udhampur, whereby the learned Trial Court while dismissing the charge-sheet arising out of FIR No. 141/2012 for offences under Sections 366 and 376 RPC has acquitted the respondent (hereinafter referred to as the "accused').

2. Briefly stated the case of the prosecution before the learned Trial Court was that on 20.08.2012, the prosecutrix, who happens to be a deaf and dumb girl, was abducted by the accused after taking undue advantage of her innocence and simplicity, whereafter she was subjected to wrongful confinement and repeated forcible sexual intercourse for seven days. The criminal prosecution against the accused was initiated with the lodging of a missing report in respect of the prosecutrix by her father-PW-Dev Raj on 20.08.2012. In the said report, the age of the prosecutrix was given as 16-1/2 years. On 21.08.2012, the complainant again approached the police, informing that the prosecutrix had been allured, enticed and kidnapped by the accused. On the basis of this information, the police registered a case under Section 363 of the RPC and

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