JUDGMENT :

Puneet Gupta, J.

1. The appeal has been preferred against the judgment dated 23.10.1999, passed by the court of learned Sessions Judge, Rajouri whereby the respondents (referred to as accused for the purposes of discussion) have been acquitted by the trial court. The respondent Nos. 2, 3, 6, 8, 9, 10 & 12 have died during the pendency of appeal and, therefore the appeal abates qua the said respondents-accused.

2. The brief facts of the case: Mst. Ghulam Bibi, mother of the prosecutrix, filed a written application with the court of learned CJM, Rajouri on 27.01.1982 that 13 persons, as named in the application, and about 20/25 other persons residents of Pharwala, Sankari and Kot Dhara armed with lathis, axes and knives entered the house on the intervening night of 26th and 27th January, 1982 at 12 O'clock with a purpose to kidnap Mst. Zeenat Bi but she was away with her father to High Court at Jammu. The accused failing to find Zeenat Bi caught hold of her other daughter, prosecutrix, studying in 4th standard and aged 12/13 years. The accused also committed theft of ornaments and clothes of her daughter-in-law and also cash amounting to Rs. 600/-. The prosecutrix was kidnapped by the accused and her nephew and child who was aged 7/8 years were beaten mercilessly by the accused when they resisted the accused. The prosecutrix was taken away after being kidnapped by the accused. The application also states of the action of the accused being in retaliation to the search warrant issued in terms of Section 100 Cr.P.C against Haji Kala who had confined the daughter of the applicant Zeenat Bi and who was recovered from the said accused-Haji Kala. On the application filed, the learned Magistrate directed the SHO Police Station, Rajouri for necessary action under Section 156(3) Cr.P.C which resulted into registration of FIR No. 25/1982 under Sections 363 /109 RPC. On the completion of investigation, the challan was presented against the accused-Haji Kala, Haji Mohd. Shabir and Sattar Mohd. under Sections 363 /376 and against accused Haji Mohd., Kramat under Sections 363 /376/323 RPC. Some of the accused were also charged under Section 363 RPC and other offences as mentioned in the charge framed against them. The charges were framed against the accused including of the offences under Sections 363 /376/149/367 RPC as detailed in order dated 20.10.1982. It may be mentioned herein that out of thirteen persons named in the application filed by the mother of the prosecutrix, Nazir Mohd., Mohd. Iqbal, Ahmed Din and Abdul Haq did not figure in the charge sheet and instead four other persons were named in the charge sheet though the application mentioned of 20/25 persons being participants in the occurrence. The accused indeed denied the charges and claimed trial.

3. The prosecution has examined number of witnesses in support of its case including PW-1 Mst. Ghulam Bibi (complainant), PW-2 prosecutrix, PW-3 Ghulam Fatima (daughter-in-law of the complainant), PW-6 Mohd. Alam (nephew of the complainant), PW-12 Naseem Choudhary, PW-13 Dr. Chanchal Gupta, PW-14 Dr. Inder Singh (Radiologist), PW-15 Dr. Anil Kumar and PW-18 Yaseen Shah (Investigating Officer). The statements of the accused under Section 342 Cr.P.C were recorded on the closure of prosecution evidence. The accused denied the incriminating material that came on record through the prosecution evidence. The accused also produced evidence in defence.

4. Lear