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news details
HC refuses to quash FIR in rape case
9/4/2019 10:27:35 PM
Early Times Report
Jammu, Sept 4: In a petition filed by Shabir Ahmed and others seeking quashment of the FIR No. 08 of 2019 dated 08.03.2019, registered with Police Station, Women Cell, Doda under section 366, 376, 342 RPC, Justice Tashi Rabstan observed that High Court has no jurisdiction to appreciate the evidence of the proceedings under section 561-A of Cr.P.C because where there are contradictions/ inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties.
According to the police case that the complainant Abdul Rashid, who is the father of the prosecutrix, reported the Police Station, Women Cell, Doda on 02.01.2019, that his daughter namely prosecutrix is missing. On 04.03.2019, the prosecutix was recovered from Jammu by police team of Police Station, Women Cell, Doda and taken back to home where she narrated the whole ordeal with the parents that on 31.12.2018, while she was going to Degree College, Doda for appearing in B.A Part-II Examination, was kidnapped by the accused person namely Raies Ahmed and other unknown persons and took her to Koil Kadal, Sringar, where she was kept under the surveillance of one unknown lady.
The accused persons repeatedly committed rape upon her. On 08.03.2019, on the written application of the complainant an FIR No. 08/2019 under sections 376/366/342 RPC was registered against the accused persons.
Justice Tashi Rabstan while dismissing petition, directed SHO, Police Station, Women Cell, Doda to conclude the investigation of this matter within a period of two weeks.
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