JUDGMENT :

1. This appeal is directed against the judgment and order dated 7th of Aril, 2007 passed by the learned Principal Sessions Judge, Bhaderwah [“the trial court”] in Sessions Case No.22/2001, titled ‘State of J&K v. Subash Chander’, whereby while acquitting the appellant of the charge punishable under Sections 376/511 RPC convicted him for offences punishable under Sections 354, 323 and 341 RPC and sentenced him to undergo simple imprisonment of two months under Section 354 RPC and one month each under Section 323 and 341 RPC, with further direction that all the sentences shall run concurrently.

2. Before adverting to the grounds of challenge urged by Mr. Ashok Parihar, learned counsel appearing for the appellant to find fault with the judgment impugned, a brief reference to the prosecution case, set up before the trial court, would be necessary.

3. Complainant-Naib Chand alongwith his daughter-prosecutrix in an injured conditions presented an application before the Incharge Police Post, Bhalla against the appellant alleging therein that on 20.09.2000 at 1.30 p.m., when prosecutrix was returning to her house from Government High School Seri, she was waylaid by the appellant wh