HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR …

CRM(M) no.720/2023 Reserved on: 05.03.2025 Pronounced on: 30.04.2025 Union Territory of J&K through SHO P/S Yaripora, Kulgam …….Petitioner(s)

Through: Mr Jahingeer Ahmad Dar, GA Versus

1. Wakeel Ahmad Hanji S/o Ali Mohammad Hanji

2. Bilal Ahmad Hanji S/o Mohd Maqbool Hanji Both residnets of Kharpora Fridsal Kulgam ……Respondent(s)

Through: Mr CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE JUDGEMENT

1. Order dated 8^th August 2023 passed by court of Additional Sessions Judge, P.O. Fast Track Court, Kulgam, in case titled as U.T. of J&K v. Wakeel Ahmad Hanji and another, for offences under Section 341, 366, 376, 109 RPC under FIR no.47/2019 P/S Yaripora, is sought for in instant petition on the grounds made mention of therein.

2. I have heard learned counsel for parties and considered the matter.

3. The prosecution story is that on 30^th May 2020, a complaint was moved by prosecution witness no.1/complainant before police station Yaripora, alleging therein kidnapping and raping of prosecutrix by accused no.1, which led to registration FIR no.47/2019. Investigation conducted concluded in presentation of charge-sheet against accused fo