HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD SULTAN NAJAR – Appellant
Versus
UNION TERRITORY THROUGH POLICE POST BEMINA (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) By this common order, the above numbered two petitions, vide which the petitioner has challenged orders dated 23.07.2022, 10.08.2022, 16.05.2024 and 24.07.2024 passed by learned Special Judge POCSO Cases, Srinagar, are proposed to be disposed of.
2) It appears that on 09.11.2021, father of the prosecutrix lodged a report with the police alleging therein that on 05.11.2021, the prosecutrix did not return to home from her college. On the basis of this report, the police proceeded to launch a search for the prosecutrix whereafter on 14.11.2021 she was recovered from Chadoora. It was found that she had been kidnapped by the petitioner on 05.11.2021, whereafter she was subjected to forcible sexual intercourse. The police registered FIR No.346/2021 for offences under Section 363 and 376 IPC. After conducting investigation of the case, the police found that the age of the victim was less than 18 years and, as such, offences under Section 363, 376 IPC read with Section (cid:190) of POCSO Act were found established against the petitioner and the challan was laid before the Special Court.
3) It seems that the petitioner/accused made an application through his mother before the lea
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