HC issues notice to AG in Judicial Officers’ conviction case

19/11/2021

Jammu, Nov 18: In an appeal filed by Rajesh Kumar Aborl Sub-Judge who was convicted and sentenced to 10 years by Trial Court, Justice Mohd Akram Chowdhary today after hearing Sr. Adv PN Raina with Adv JA Hamal issued notice to Advocate General returnable within two weeks.
High Court also summoned the record from the Trial Court. It is worthwihile to mention here that on October 21, 2021, Trial Court convicted the Rajesh Kumar Abrol (suspended Sub-Judge) facing trial in rape case and on October 23, 2021 awarded 10 years imprisonment & fine Rs 70000/-.
The police case is that on 12.01.2018, 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 and ^e said Jyoti introc,uced her with the accused. She trusted on the said Jyoti and met with 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. 5000/- 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 in presence of PSO Ashok Jamwal, his friend Darshan Gupta and one Pandit belong from Doda called by accused. After one year of marriage with the accused she got knowledge that accused betrays 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. The wife of the accused Neetu Bala the prosecutrix and appraised 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. She enquired from the accused to which accused denied having relation with Neetu Bala. Lastly, accused accepted and assured the complainant for financial support. She was threatened by the accused of dire consequences, if she would take any action against him. The accused has treated her as sex slave. Complainant also alleged that accused also opened fire shot upon her. She filed several complaints but the accused being influential person has managed to escape. As and when wife of the accused Neetu Bala cried about unlawful marriage with the prosecutrix, the accused withdrawn her society and is settled with his wife. It is alleged that accused has defamed the prosecutrix in the public. The accused has played fraud with the prosecutrix and has fraudulently secured her consent to have sexual intercourse. Had the accused not told her to be his legally wife, she would never given her consent to develop physical relations, as such complainant prayed for taking legal action against the accused. Since, the complaint was against the Judicial officer as such same was forwarded to SSP, Jammu and the matter was communicated to Registrar General of High Court of J&K, Jammu where from, police concerned was directed to proceed in the matter under law.
On receipt of the said 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.P.C. 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. It has also come on surface that accused of his own prepared marriage agreement between complainant and one Vikram Singh. As and when accused brought his wife Neetu Bala to his home, the complainant was settled at Pacca Danga on rent basis. The accused has surrendered before CJM Jammu on Janaury 23, 2018 and on the same day he was arrested, after completion of investigation accused was found to be involved for the commission of offence punishable u/s 420,376/RPC. Since, the accused was judicial officer as such, permission was sought from the High Court for presentation of challan.

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