State Of J&K vs Sanju Bhatti

Heard Mr. Amit Gupta, AAG.

This is an application filed by the applicant seeking leave to file the acquittal appeal against the judgment dated 08.08.2018 passed by the learned Principal Sessions Judge, Samba in case titled, ‘State vs. Sanju Bhatti’ in case FIR No. 124/2017 under sections 363/376 RPC with Police Station, Samba, whereby, the respondent has been acquitted.

Prosecution story is that on 16.06.2017, Balbir Singh ASI produced a copy of the statement of the prosecutrix recorded by him who was 16 years of age and was 9th class student. It was stated that on 13.06.2017, the respondent enticed the prosecutrix to sit on his motorcycle and took her to Bus stand and from bus stand, she was made to board the bus and she was kidnapped and taken to un-known location where he had committed rape upon her. FIR was registered and investigation was commenced. After the conclusion of investigation by the Investigating Officer, the charge-sheet for commission of offence under sections 363 and 376 RPC was filed against the respondent. Vide order dated 29.08.2017, learned trial court framed charges against the respondent for commission of offences under sections 363 and 376 RPC. The prosecution has examined three witnesses i.e. prosecutrix and her parents. The prosecutrix has not supported the prosecution case, as such, she was declared hostile. Despite cross examination, no incriminating material could be extracted from her. Likewise, the parents of the prosecutrix have also deposed nothing about the commission of offence by the respondent.

In view of the above, we are of the considered opinion that this is a fit case in which leave should be refused. Accordingly, the leave to file the appeal is refused and application is dismissed.