Disposed

Mohd.Afsar v. State Th.Home Deptt.and Ors.

J&K HC3 Nov 2020CRMC/185/2018

Case brief

AI extract

What is this about?

Special Leave Petitioner challenged FIR alleging coercion in prosecutrix statement. HC directed that since investigation is complete and charges established, the matter of alleged coercion's veracity shall be ascertained by the trial court during trial before dismissal of charges.ích) pending for filing of final report.

What did the court decide?

Petition disposed; direction to respondents to file final report; trial court to hear parties on charge and record statement of prosecutrix if needed.

Mohd.Afsar Vs State Th.Home Deptt.and Ors. — Criminal Trial and Appeal | J&K HC (2020)

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Sr. No. 217

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)

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CRMC 185/2018 IA 1/2018

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Mohd Afsar

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.....Petitioner(s)

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Through :- Mr. S.H.Rather Advocate.

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V/s

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State and ors

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.....Respondent(s) Through :- Mr. Aseem Sawhney, AAG

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

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ORDER

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1 The petitioner through the medium of instant petition has challenged FIR No. 107/2017 for the offences under Sections 366/109 RPC of Police Station, Mendhar.

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2 According to the petitioner, the impugned FIR is based upon the concocted facts and the prosecutrix has been coerced to make statement under Section 164-A Cr.P.C against him. It is the further case of the petitioner that subsequent to the recording of statement of the prosecutrix under Section 164-A Cr.P.C, the prosecutrix has sworn an affidavit stating that she had made statement before the Magistrate under duress and that she wanted to record her statement afresh. The petitioner has placed on record a copy of the said affidavit as well as the copy of statement of the prosecutrix recorded under Section 164-A Cr.P.C.

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3 The status report filed by the official respondents reveals that the investigation in the case is complete and the challan is ready to be filed, but for

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CRMC 185/2018

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the order of this Court whereby it has been directed that without the permission of the Court, the challan may not be filed.

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4 As per the compliance report, the prosecutrix has supported the case of the prosecution and the offences under Sections 366/342/382/376 RPC stand established against the accused Mohd Jahangir, whereas offences under Sections 366/342/382/109 RPC stand established against the accused Mohd Afsar Khan (petitioner herein) and Abdul Majeed.

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5 Since the investigation of the case is complete and as per the prosecution case, the offences stand established against the petitioner and co-accused, as such, it will be in the fitness of things that the veracity of the contention of the petitioner that statement of the prosecutrix recorded under Section 164-A Cr.P.C was made by her under duress and coercion is ascertained by the learned trial Court at the time of recording of her statement during the trial of the case. 6 In view of what has been discussed hereinabove, the petition is disposed of with a direction to the respondents to file the final report before the competent Court at the earliest. Thereafter, the Court, to which the case is committed, shall hear the parties on the question of charge and if need be, record the statement of the prosecutrix in the first instance.

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Disposed of as such along with connected applications.

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(SANJAY DHAR) JUDGE

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Jammu 03.11.2020 Sanjeev

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Whether the order is speaking:- Yes Whether the order is reportable:- Yes/No

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CRMC 185/2018

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SANJEEV KUMAR UPPAL 2020.11.04 14:31 I attest to the accuracy and integrity of this document

Mohd.Afsar v. State Th.Home Deptt.and Ors.

Case brief

What is this about?

What did the court decide?

Mohd.Afsar v. State Th.Home Deptt.and Ors.

Case brief

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What the court decided

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