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 8th 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 30th 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 for commission of offences punishable under Section 341, 366, 376, 109 RPC. Trial Court charge-sheeted accused who pleaded not guilty. Trial Court, after hearing both parties, by order impugned dismissed charge sheet and acquitted respondent/accused. 4. According to learned counsel for petitioner, Trial Court has not appreciated facts of case in correct perspective at all when prima facie there was sufficient evidence connecting accused with commission of offence. Complainant/prosecutrix was liable for initiation of proceedings for perjury as she has turned hostile, but Trial Court while rejecting prayer of prosecution held that our social setup has not reached such a maturity level where family of a girl whole heartedly accord primacy to the will of a girl or accept her matrimonial choices without resistance and that a male dominated society like ours, still has biased approach towards the girl and there is no dearth of incidents where they are still not given freedom to take decision about their life, any transgression against the will of family invites wrath and instant case is a typical instance where the girl has been denied such freedom of choice. It is being also stated by learned counsel for petitioner that perjury is an obstruction of justice and deliberately making false statements which are material to the case and that too under oath amounts to crime of perjury. He also avers that unless courts do not take action against such hostile witnesses and send a message loud and clear that such conduct of witness will be frowned upon by lodging prosecution, the rate of conviction will not improve and social order will not be maintained. All these facts have not been appreciated by Trial Court. Prosecution has been able to establish all essential ingredients of Section 341, 366, 376, 109 RPC, by trustworthy and reliable evidence, the Trial Court has ignored the entire process altogether which otherwise fully establish involvement of accused- respondent fully establish involvement of accused-respondent in commission of crime. Trial Court while passing impugned order has not also appreciated that investigating agency had progressed in the case carefully over the period and had not rushed through the whole process but had arrived on a conclusion of commission of offence after thorough and careful investigation. Trial Court has not appreciated statement of prosecutrix recorded under Section 164 Cr.P.C. in true senses whereas there are judgements from the Supreme Court where it has been upheld that prosecutrix/victim’s sole testimony is sufficient and also that sole testimony of prosecutrix should not be doubted by court merely on basis of assumptions and surmises. He has also made reference to Phool Singh v. State of Madhya Pradesh, Cr.A. 1520 of 2021 / (SC) 1 Dec. 2021, in which it was said that a woman who is victim of sexual assault is not an accomplice to crime but is a victim of another person’s lust and therefore her evidence need not be tested with the same amount of suspicion as that of an accomplice. Trial Court has not given much importance to the other witnesses and considered their statement on a lighter note. In cases relating to sexual assault or rape, there is a stigma prevalent against the woman in the society that it may be the fault of woman like the incident may have happened due to her clothes or social nature or she must have given him right to do so as they were in relationship or they had friendship or she would have given inexplicit indication/consent for the act etc. The girl/woman is judged in her every step/move. 5. Perusal of impugned order reveals that when matter came up before Trial Court, prosecutrix made a statement that she was in love affair with accused no.1 and she was not willing to marry her cousin, so she ran away with accused no.1, stayed at Jammu for few days and then returned back. This part of statement of prosecutrix reflects willingness of prosecutrix to be in the company of accused no.1. She then further stated that she was forced by family to lodge a false complaint before police against accused. She made a complaint under coercion, so was her statement under Section 164-A Cr.P.C. Not only this, she in clear cut terms stated before Trial Court that she was neither abducted nor rape was committed upon her. It is not only statement of prosecutrix, but prosecution witness no.2 also supported version of prosecutrix by stating that allegations levelled against accused were false. In such circumstances, the Trial Court was right and correct in dismissing the charge-sheet and acquitting accused of charges levelled against him. Resultantly, impugned order does not call for any interference. 6. For the reasons discussed above, the instant petition is dismissed. Interim direction, if any, shall stand vacated. (Vinod Chatterji Koul) Judge Srinagar 30.04.2025 Ajaz Ahmad, Secretary Whether approved for reporting? Yes/No.