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news details
HC issues notice to AG in Judicial Officer's conviction case
11/18/2021 10:08:03 PM
Early Times Report
JAMMU, Nov 18: In an appeal filed by Rajesh Kumar Abrol Sub-Judge who was convicted and sentenced to 10 years by trial court, Justice Mohammad Akram Chowdhary today issued notice to Advocate General returnable within two weeks. The High Court also summoned the record from the trial court.
On October 21, 2021, trial court convicted Abrol facing trial in rape case and on October 23, 2021 awarded 10 years imprisonment and fine Rs. 70,000. The police case is that on 12-1-2018, complainant laid a written report before, Police Station Janipur, Jammu, to the extent that she hails from District Ramban and is presently putting up at Toll Post Nagrota, Jammu, with her minor daughter.
She was contesting a case and in this regard she met the accused through a lady namely Jyoti. She trusted Jyoti and met the accused for seeking legal support, who promised her for legal support and sought domestic support from her. She started working in the house of accused and in order to provide better education to her daughter. The accused promised her to pay Rs. 5,000 per month as salary. For seeking legal support accused dissolved her marriage with her husband by getting divorce deed. The said divorce deed was notarized and accused told one of his PSO to be the witness to the divorce deed.
After sometime, her parents desisted her to work with the accused as they want to take her to parental home. As and when accused got knowledge that she is going to leave his home, he requested her not to leave his home and filled "Maang" with "Babuti" and told her that "she is his wife now". Accused also promised to take care of her minor daughter and assured to provide better education. Accused also told her that he had parted with his wife and is residing alone for last seven years. Accused also told her that he is a Judge and has knowledge about the legalities and she believed on the accused and marry with him. By doing so, the accused secured her consent to have sexual intercourse with her. She succumbed to his pressure and did not share the same with anyone around.
The accused planned to have "Saptapadi" with her and he solemnized marriage with her in his house at Roop Nagar. After one year of marriage with the accused she got knowledge that accused betrayed her by marrying her during the life time of wife namely Neetu Bala who was his second wife and first wife namely Surbhi was divorced by the accused. Neetu the prosecutrix and apprised about the facts to which complainant told that she is legally wedded wife of the accused. The wife of the Neetu Bala thrashed her and asked her to leave the accused.
On receipt of the complaint a case came to be registered under FIR No. 06 of 2018, for the commission of offences under Section 420,376 RPC and investigation commenced in the case. The statement of the complainant (herein after to be referred as prosecutrix) was recorded under section 164-A Cr.P.C. Statements of other witnesses was recorded under Section 161 Cr PC. Photographs produced by the complainant were seized. Medical examination of the prosecutrix was conducted. It has come on surface during investigation that prosecutrix was initially married and the said marriage was dissolved with mutual consent and out of the said marriage one girl child was born to her. Thereafter, she married with one Sanju Sahani and their relations got strained and thereafter marriage was dissolved in the year 2015 and in the same year she started working in the house of accused, as a servant. The accused has given assurance to complainant for marriage, under this pretext has developed physical relations. Since, the accused was judicial officer as such permission was sought from the High Court for presentation of challan.
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