JUDGEMENT/ORDER :

CRMC No. 296/2018

1. The petitioners have challenged FIR No. 33/2018 for offences under Section 366, 376, 109 RPC of Police Station, Vilgam District Kupwara.

2. Before coming to the contentions raised in the petition, a brief narration of the facts alleged in the impugned F.I.R. is required to be noticed.

3. On 13.05.2018, respondent No. 5 (complainant) lodged a report with the police alleging therein that his daughter, aged 18/19 years, has been kidnapped by the petitioner No. 1 with the aid and assistance of other accused after having been enticed by petitioner No. 1 to go with him and that his daughter has been taken to some undisclosed location. The occurrence is alleged to have taken place during the intervening night of 12th/13th May, 2018. On the basis of this report, the police registered impugned F.I.R. and started investigation of the case. During investigation of the case, the prosecutrix was recovered from the custody of the petitioner No. 1 on 11.05.2018, whereafter she was medically examined and was handed over to her father. After obtaining the medical report of the prosecutrix, offence under Section 376 RPC was also found to have been established.

4. Th