/

IN THE COURT OF MALIK ALI AUIAII,

stssroNs JUDGE.tAIiTAIr.
Sessions Complaint Case No.1O4-SJ of 02L
Sessions Complaint Trial No. -SJ of I

Rehana Bibi D/o Talib Hussain, Caste Sial, r o Grid Station,

Tehsil & District, La5ryah.
...Conplaf3an! ,,,
"
Versus.

Juma Khan S/o Noor Muhammad, caste Isra, about 35/36

years r/o chak No.1SO-TDA,Tehsil & District
........AGGused.

P.S CITY. DISTRICT LAYITAIL

rq?qMENT.
The instant private complaint has been filed by

complainant Rehana Bibi against Juma accused u/s

3
!L
lr 376/292 PPC, PS City Layyah.
r E
N
b' E
-t6 2. Briefly stated the facts of the comp as narrated,by
EC
:t
o, complainant in private complaint Exh.PA are t]:at about L4
j

€
B'
months before institution of the private com at evening time,
:'
she was present alone in the room of her when accused

Juma Khan armed with pistol entered into her and came in

the room where she was present. That ttrreatened her

that if she raised hue and cr5r, he will kill and thereafter

accused committed rape with her and also made nude photos

as well as movie. That accused also threatened tllat if slie told

this occurrence to any one, he will kill her will show her

photos/video to the people due to which she ined silent and

did not totrd to her parents. That due to act of she became

pregnant and she gave birth to a child and she to her father
 RehanaBibi Vs Juma Khan

and brother about commission of rape by with her and

delivery of child. That case FIR No.277/19 u/sl 376/292-C PPC

was registered at PS City LaSyatr but police did npt investigate the

case properly and fairly due to which com t filed this

private complaint.

3. After recbrding cursory evidence of t and

hearing arguments, accused was summoned to trial in this

private complaint. On appearance of copies of

documents as required u/s 265-C Cr.P.C werel delivered to the

accused form-al charge was framed against to which he

pleaded not guilty and claimed trial.

4. The statements of Rehana Bibi plainant/victim

-3 respectivelY.
and PW Talib Hussain is recorded as PW-2 and
€
trt"}
tf At this stage, an application u/s 265-K Cr.P'C filed by learned
tr
g
r\r Y^ has been
g
.g
counsel for the accused. Notice to the com
g,

?
=
nt given.
5

€
A' c. I have heard arguments advanced learned counsel
=,

for the accused and learned counsel for com t and perysed

the record.

6. Perrrsal of record reveals that in case in hand

Rehana Bibi complainant/victim as PW-2 de that in year

2018, she had contracted Shari Nikatr. with Juma Khan

without the consent and knowledge of her and after some

period of this nikah, she became pregnant gave birth to a

child due to which her parents became aqgry gave beating to

her. She further deposed that after that on pressure and

asking of her parents, she got registered case FIR

No.277/19 against the accused aird due to of FIR, accused

RehanaBibi Vs JumaKhan

orallJ divorced her. PW-2 categorically depo t]lat accused

present in court is innocent and she has no if accused is

acquitted from this case. PW-3 Talib Hussain !s real father of

alleged victim Rehana Bibi (PW-2) who deposed [n line with the

statement of PW-2 and also stated that he has nd objection if the

accused is acquitted from this case. Both the witnesses were

also cross examined by learned defence and bot]l the

witnesses stated that it is correct that accused not commit

rape and that accused is innocent. Since the plainant/victim

PW-2 as well as PIV-3 who are star witnesses of t]:is case have

exonerated the accused from the aforesaid therefore,

the prosecution case has become doubtful and itlhas got no legs

to stand. In the glven scenario, the

evidence would be a futile exercise. Accordingly,lthe application

u/s 265-K Cr.P.C is accepted and accused,[uma Khan is

acquitted of tJle offence charged. He is present onlbail. His surety

stands discharged with. File be consigned to room after due

completion
g"K--.
Announced Malik Ali Awau,
09.o3.202L. Sessions , La54yatr.

Certified that this judgment consists (o3f pagesand

each page of it has been dictated, read, and signed by
me.

Dated: O9.O3.2O2L.*l SESSIONSJU

l-, E, LAYVAH.
/' j,- \!.
<l 9''J-;
-t ltr
t:i\ ^: Itr
iri\ /,{)

*"-r^#3