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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT

SRINAGAR

Reserved on: 18.12.2025

Pronounced on:26.12.2025

Uploaded on: 26.12.2025

Whether the operative part

or full judgment is

pronounced: Full

CrlA(AS) No.35/2024

UT OF J&K ...PETITIONERS/APPELLANT(S)

Through: - Mr. Ilyas Laway, GA.

Vs.

BILAL AHMAD WANI & ORS. …RESPONDENT(S)

Through: - Mr. Syed Sajad Geelani, Advocate.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The appellant Union Territory of J&K through the

medium of present appeal has assailed the judgment of

acquittal dated 12.10.2023 passed by the learned Additional

Sessions Judge, Anantnag (“the trial court”), whereby the

respondents/accused have been acquitted of the charges in

a case arising out of FIR No.5/2020 for offences under

Section 376-D, 509, 506, 120-B, 201 IPC and Section 67 of

the I.T Act registered with Police Station, Larnoo.

2) Briefly stated, the facts leading to the filing of the

present appeal are that on 29.04.2020, PW-1 (the

prosecutrix) lodged a report with the police alleging therein

CrlA(AS) No.35/2024 Page 1 of 11

that a few days back at about 11.00 am, while she was

sitting at her home along with two minor children, accused

Asif Ahamd and Bilal Ahmad Wani trespassed into her home

whereafter they enticed her two minor children and brought

them out of the home. Thereafter the afore-named two

accused persons made the prosecutrix to take some

intoxicating medicine with juice and cigarette, as a result of

which she lost her senses. The afore-named two accused

thereafter committed rape upon her. They also videographed

the act and circulated the said video through WhatsApp, as

a result of which the prosecutrix and her family faced a lot

of indignation. It was also alleged that the afore-named two

accused extended life threats to the prosecutrix in case she

lodged the report with the police. It was further alleged in the

report that accused Ilyas is also involved in this crime.

3) After registration of the FIR, investigation of the case

was set into motion during which statements of the

witnesses under Section 161/164 of the Cr. P. C were

recorded. It was found that besides above named accused,

other accused/respondents are also involved in the crime.

On 19.07.2020, accused Bilal Ahmad was taken into

custody and on the basis of his disclosure statement, one

memory card and mobile phone along with invoice in respect

CrlA(AS) No.35/2024 Page 2 of 11

of the said mobile phone were recovered and seized. The

mobile phone and the memory card were sealed in presence

of the Executive Magistrate and the same were sent to FSL,

Srinagar, for analysis. After investigation of the case,

offences under Section 376-D, 509, 506, 120-B, 201 of IPC

and 67 IT Act were found established against the

accused/respondents and the challan was laid before the

trial court.

4) Vide order dated 25.02.2021, charges for offences

under Section 376-D, 509, 506, 120-B IPC and 67 IT Act

were framed against accused/respondent Bilal Ahmad

whereas charges for offences under Section 376-D, 120-B,

509 IPC and 67 IT Act were framed against

respondents/accused Sajad Ahmad Khatana, Nazakat Ali

Khatana, Aamir Suhail Khatana, Mohammad Ilyas Khatan,

Barkat Ali Khatana. The respondents/accused denied the

charges and claimed to be tried. Accordingly, the

prosecution was directed to lead evidence in support of the

charges.

5) During trial of the case, the prosecution, besides

examining PW-1, the prosecutrix, examined PW-2, Javaid

Ahmad Khatana, PW-5 Nisar Ahmad ASI, PW-6 Head

Constable Mohammad Akhter, PW-7 Reyaz Ahmad Shah

CrlA(AS) No.35/2024 Page 3 of 11

and PW-8 Head Constable Mushtaq Ahmad, as witnesses in

support of its case.

6) At this stage, it seems that the accused made an

application for truncating the proceedings before the learned

trial court. After hearing the parties and after considering

the evidence on record and keeping in view the fact that the

prosecutrix had turned hostile, the learned trial court

allowed the application and proceeded to pass the impugne