JUDGMENT

1 The petitioner has challenged FIR No.0016/2020 for offence under Section 376 RPC registered with Police Station, Bagh-

e-Bahu, Jammu.

2 Briefly stated, the facts which emanate from the pleadings and the documents on record including the CD file produced by respondent No.1, are that on 24.08.2019 one Mohd Rafiq lodged a report with SHO P/S, Women Cell, Doda, alleging therein that on 03.08.2019, his minor daughter aged 16 years had gone to attend the school, but she did not return. It was alleged in the report that, upon verification, it was found that she has been kidnapped by one Rashid Ahmed. On the basis of this report, FIR No. 31/2019 for offence under Section 363 RPC came to be registered by the Police Station, Women Cell, Doda and investigating was set into motion.

3. During the course of investigation, it appears that the Investigating Agency traced the call details of accused Rashid Ahmed and found that he was in constant touch with his brothers Mukhtiar Ahmed and Sajjad Ahmed. It is pertinent to mention here that Mukhtiar Ahmed happens to be the husband of respondent No.2/complainant of the FIR, which is subject matter of the present petition. The police, on the basis of the leads given by Mukhtiar Ahmed and Sajjad Ahmed, recovered the minor girl from the custody of main accused Rashid Ahmed from Hyderabad. The statement of the minor girl under Section 164 CrPC was recorded before the Magistrate on 01.10.2019 after bringing her along with the accused back to Doda. After investigation of the case, offences under Sections 363/376/109 RPC and 17 POCSO Act were found established against accused Rashid Ahmed, Mukhtiar Ahmed and Sajjad Ahmed.

4 On 03.10.2019, respondent No.2/complainant, the wife of Mukhtiar Ahmed, who happens to be an accused in FIR No.31/2019 of Police Station, Women Cell, Doda, presented a written complaint before the Additional Superintendent of Police, Doda. In the said complaint, she alleged that she along with her husband is doing labourers’ job at Delhi and they are temporarily in a rented room over there. It was alleged that on 25.09.2019, a police party from Police Station, Women Cell, Doda headed by Ashiq Hussain, In-charge Women Cell, Doda came to their rented room at Delhi and told that her brother-in-law Rashid Ahmed has kidnapped a girl and that they have come to conduct a search for her. It was further alleged in the complaint that respondent No.2/ complainant was all alone in her rented room at the relevant time and, in the meantime, her husband also came over there. He was taken to a nearby police station and when he did not return, she went to the nearby police station wherefrom she was taken to Maharani Hotel, Paharganj. She further alleged that her one and a half years old daughter was with her at the relevant time and at about 3.00 pm, her husband was taken to some unknown destination and she along with petitioner Riaz Ahmed proceeded to Jammu in a Bus which left Delhi at about 10 pm. On next day at 11 am, they reached Jammu wherefrom she was taken by petitioner Riaz Ahmed to a house at Bagh-e- Bahu. The said house belonged to brother-in-law of petitioner Riaz Ahmed and in the said house, the petitioner committed rape upon her. On 27.09.2019, the petitioner made her to board a Bus to Doda and threatened that she should not disclose the occurrence to anyone.

5 The aforesaid compliant was forwarded by Additional Superintendent of Police, Doda to Dy.SP Headquarter, Doda for verification and report.

6 While the aforesaid compliant was under verification by Dy.SP Headquarter, Doda, respondent No.2/complainant moved another application before Additional Special Mobile Magistrate, Doda on 20.12.2019. In the said application, it was alleged by respondent No.2/complainant that on 25.09.2019, a police party from Women Cell, Doda headed by Ashiq Hussain came to Delhi where she was residing with her husband and the police party took her husband with them. She alleged that during the first ni