IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Sanjay Dhar
Sajad Ahmad Bhat Alias Taiba Bhat – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The appellant has challenged judgment dated 22.02.2024 passed by learned Additional Sessions Judge(P.O. Fast Track Court), Kulgam, (hereinafter referred to as “the trial court”) whereby the appellant has been convicted of offences under Section 376 read with Section 511 RPC . Challenge has also been thrown to order dated 22.02.2024, whereby the appellant has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.10,000/ for having committed the aforesaid offences. In default of payment of fine, he has been directed to undergo rigorous imprisonment for a further period of six months.
2. As per prosecution case, on 06.07.2012, PW Mushtaq Ahmad Ganie, father of the victim girl, lodged a written report with the Police alleging therein that on the said day in the evening, while his minor daughter was playing with other children in the house of PW Rafiq Parray, the appellant herein caught hold of her and forcibly committed rape upon her after ousting other children therefrom. It was alleged that the appellant/accused is 25 years old. As per the report, the victim girl raised hue and cry, whereafter the appellant fled away from th
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