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2022 Supreme(J&K) 407

MOHD. AKRAM CHOWDHARY
Sameer Nazir – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.A. Wani
For the Respondents: Hilal Ahmad Wani

JUDGEMENT/ORDER :

1. Appellant having been convicted for the commission of offence punishable under section 376 RPC vide judgment dated 14.05.2013 and sentenced vide order dated 03.06.2013 to rigorous imprisonment for aterm of 10 years and also a fine of Rs. 50,000/- payable to the victim by the Court of learned Principal Sessions Judge Ganderbal (hereinafter called as 'Trial Court' for short) has challenged his conviction through the medium of this Criminal Appeal.

2. The appellant-convict had been charge-sheeted for the offence punishable under section 376 RPC by the Trial court vide order dated 28.12.2004, with the accusation that on 23.09.2004,the appellant-convict, at about 12 P.M., had forcibly raped PW-2 at Khurhama Ganderbal, who, however, denied the charge pleading innocence and the prosecution was directed to lead evidence.

3. The prosecution, in order to bring home the charge against the appellant-accused, examined 10 out of 12 cited prosecution witnesses and on conclusion of trial the appellant was convicted and sentenced vide impugned judgment/order.

4. During the pendency of this appeal, the appellant filed an application seeking bail, claiming the benefit under section 1

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