Pawan Kumar @ Raja vs Union Territory Of J&K on 22 May, 2026

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    Jammu & Kashmir High Court

    Pawan Kumar @ Raja vs Union Territory Of J&K on 22 May, 2026

      IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU.
                                        (Through Virtual Mode)
    
                                 CRM (M) No. 368/2022
                                 CrlM Nos. 577/2026, 758/2022
                                                                         Reserved on: 24.04.2026
                                                                     Pronounced on: 22.05.02026.
                                                                        Uploaded on: 22 05.2026.
    
                                                                 Whether the operative part or full
                                                                  judgment is pronounced: Full.
    
    Pawan Kumar @ Raja                                                           ...Petitioner(s)
    S/O Sh. Kuldeep Kumar.
    R/O P/P/ Market, Purana Dhurdh
    Tehsil Katra, District, Reasi.
    
    Through:       Mr. Sunil Sethi, Sr. Advocate with Mr. Shubam Sharma, Advocate.
                                                Vs.
       1. Union Territory of J&K, th.
          SHO P/S Katra, Reasi.
    
       2. Miss X
    
                                                                             ...Respondent(s)
    Through:       Mr. Sumeet Bhatia, Government Advocate
    
    CORAM:
    
               HON'BLE MR. JUSTICE RAJNESH OSWAL JUDGE
                                         JUDGMENT
    

    1. This petition has been filed by the petitioner under Section 482 of the

    Code of Criminal Procedure for quashing the FIR No.116 of 2022 dated

    SPONSORED

    23.04.2022, registered with Police Station Katra against the petitioner

    for the commission of offences punishable under Section 3/4 of the

    Protection of Children from Sexual Offences (POCSO) Act, 2012 read

    with Section 376 and 506 of the Indian Penal Code.

    2. It is stated that in the year 2011, a couple, named, Mr. Y and Mrs. Z,

    residents of Panjar, District Udhampur, migrated to Katra along with

    their minor children to seek employment as laborers due to extreme

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    CRM (M) No. 368/2022
    penury. The mother of the petitioner, namely, Shani Devi, provided

    them with shelter, in consideration for which Mrs. Z performed various

    household chores assigned to her. Tragically, Mrs. Z passed away in the

    year 2014 during the delivery of her fifth child, and her husband, Mr. Y,

    subsequently expired in the year 2018. The deceased couple was

    survived by five children, four daughters, including Respondent No.2

    herein, and one son, none of whose relatives came forward to either

    adopt or care for them.

    3. It is further stated that following the demise of their mother, the

    children’s father, Mr. Y, would occasionally take them to Panjar in

    District Udhampur, where he owned a parcel of land. In February 2021,

    two daughters of the deceased couple, including respondent No.2, left

    Katra under the pretext of ascertaining whether their paternal cousins

    were disposing of a portion of their family land. En route, they

    encountered their step-maternal grandfather, Balak Ram, who offered to

    escort them to their paternal uncle’s house. Consequently, both girls,

    including respondent No.2, stayed at the residence of Balak Ram for

    approximately 15 to 20 days.

    4. According to the account of the other sister, Balak Ram, while in a state

    of heavy intoxication, one night attempted to outrage her modesty by

    untying the drawstring of her salwar. She woke up, managed to flee,

    and returned to Katra the following morning. While she implored

    Respondent No.2 to return to Katra with her, Respondent No. 2 chose to

    remain with Balak Ram.

    5. Respondent No.2 continued to reside with Balak Ram until February

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    CRM (M) No. 368/2022
    2022, during which period she reportedly gave birth to a female infant.

    Upon learning of the birth, her paternal cousin, Shailu Ram,

    immediately reported the matter to Police Station Panchari, alleging that

    Balak Ram had raped respondent No.2, caused her pregnancy, and

    subsequently orchestrated the delivery of the child in the forest. A copy

    of this complaint has been placed on record by the petitioner as

    Annexure-2.

    6. The petitioner further contends that although the concerned police

    authorities summoned Balak Ram for questioning, he wielded his

    influence to shift the blame onto the petitioner. On April 23, 2022,

    Balak Ram brought respondent No.2 to Police Station Katra and lodged

    a complaint written in Urdu. It was therein alleged that the petitioner

    had raped respondent No.2 and threatened her with death should she

    reveal his identity, thereby compelling her to flee through fear to her

    grandfather’s home in Panjar, where she delivered a female child a

    month prior. The petitioner contends that respondent No.1, without

    scrutinizing the genuineness of this highly motivated complaint

    orchestrated by Balak Ram through respondent No.2, mechanically

    registered the impugned FIR.

    7. The petitioner urges that had respondent No.2 been subjected to the

    repeated sexual assaults as alleged, she would not have failed to raise

    any alarm over such a protracted period, during which she conceived

    and delivered a female child. He further asserts that, in truth, respondent

    No.2 was subjected to rape by Balak Ram during her stay at Lower

    Saddal. It is contended that a comparative DNA analysis involving

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    CRM (M) No. 368/2022
    Balak Ram would conclusively bring the true facts to light. The

    petitioner submits that Balak Ram, anticipating his imminent arrest for

    the crime, actively engineered and maneuvered the presentation of

    respondent No.2 to falsely implicate the petitioner in the alleged

    offense.

    8. Respondent No.1 has filed two status reports, the latest being dated May

    6, 2024. Therein, it is stated that the statement of the victim was

    recorded under Section 164 of Cr.P.C. before the learned Additional

    Special Mobile Magistrate, Reasi. The Investigating Officer also

    subjected the victim to an age determination examination at the

    Government Hospital, Sarwal, Jammu, where the Medical Board opined

    her age to be between 15 and 17 years at the time of examination. It is

    further stated that on July 12, 2022, the infant passed away due to

    dehydration at SMGS Hospital, Jammu. Subsequently, on July 15,

    2022, DNA extraction of the deceased female infant was conducted at

    GMC, Jammu. Two exhibits were prepared, marked as Exhibit ‘A’

    (containing the humerus bone) and Exhibit ‘B’ (containing hair samples

    with roots), which were sealed by the Medical Officer in the presence of

    the Naib-Tehsildar, Katra, and forwarded to the FSL, Srinagar, for DNA

    profiling and matching. Following the petitioner’s arrest on February

    11, 2024, his blood sample was sent to FSL, Srinagar, for comparison

    with the preserved DNA of the deceased infant. In the said status report,

    the prosecution sought permission to present the charge sheet, which

    has since been filed before the trial court pursuant to the order dated

    May 8, 2024, passed by a Coordinate Bench of this Court.

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    CRM (M) No. 368/2022

    9. Learned senior counsel for the petitioner strenuously contends that since

    the charge sheet explicitly states that the DNA profile of the petitioner

    excludes him as the biological father of the deceased infant, the

    substratum of the prosecutrix’s case stands demolished by scientific

    evidence. It is further submitted that the actual perpetrator of the offense

    was Balak Ram, who subjected respondent No.2 to sexual assault and

    fathered the child. He underscores that despite an explicit complaint

    preferred by Shailu Ram before the authorities at Police Station

    Panchari, the police remained completely unmoved and failed to take

    any action against the said Balak Ram.

    10.Per-contra, Mr. Sumeet Bhatia, learned Government Advocate,

    appearing for respondent No.1, has contended that although the DNA

    profile report excludes the petitioner as the biological father, it cannot

    operate to nullify the statutory deposition of the prosecutrix recorded

    under Section 164 of the Cr.P.C. Learned G.A. submits that the ocular

    testimony of a victim of sexual assault stands on its own footing, and

    the impugned FIR cannot be quashed solely on the anvil of scientific

    evidence.

    11.Heard and perused the record.

    12. This Court has carefully perused the charge sheet placed on record. The

    victim (Respondent No.2) stated that the petitioner committed rape upon

    her, resulting in her pregnancy. She further deposed that she informed

    the petitioner’s mother about the incident; however, the mother ignored

    her claims and expelled her from the house, forcing her to seek refuge at

    her maternal grandfather’s (Nana) home. Notably, in the charge sheet

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    CRM (M) No. 368/2022
    itself, the Investigating Officer has recorded that the DNA profile report

    excludes the petitioner as the biological father of the child (now

    deceased).

    13.This Court cannot but express its astonishment at the slipshod manner in

    which the investigation was pursued. Despite conclusive scientific

    evidence demonstrating that the petitioner could not have fathered the

    child, the Investigating Officer failed entirely to take measures to

    unearth the identity of the actual perpetrator. It behooved the

    Investigating Officer to probe the matter further, so that the true

    paternity of the female child might be established.

    14.Admittedly, respondent No.2 is a minor who has been subjected to

    sexual assault, resulting in pregnancy and subsequent birth of a female

    child. Since it has been established that the petitioner did not father the

    child, the identity of the individual responsible for sexually exploiting

    respondent No.2, and causing her pregnancy, remains altogether

    shrouded in mystery. It is evident that the Investigating Officer filed the

    charge sheet with undue haste, seemingly for the sole purpose of

    precluding the petitioner from obtaining default bail.

    15.Be that as it may, the exceptional nature of this case precludes this

    Court from remaining a passive onlooker to the flawed manner of the

    investigation. If this Court does not exercise its jurisdiction to remedy

    this failure, the true culprit will escape unpunished and successfully

    elude the process of law. In Devendra Nath Singh v. State of Bihar,

    (2023) 1 SCC 48, the Hon’ble Apex Court has held as under:

    “45. For what has been noticed hereinbefore, we could reasonably cull
    out the principles for application to the present case as follows:

    45.1. The scheme of the Code of Criminal Procedure, 1973 is to
    ensure a fair trial and that would commence only after a fair and

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    CRM (M) No. 368/2022
    just investigation. The ultimate aim of every investigation and
    inquiry, whether by the police or by the Magistrate, is to ensure that
    the actual perpetrators of the crime are correctly booked and the
    innocents are not arraigned to stand trial.

    45.2. The powers of the Magistrate to ensure proper investigation in
    terms of Section 156CrPC have been recognised, which, in turn, include
    the power to order further investigation in terms of Section 173(8)CrPC
    after receiving the report of investigation. Whether further investigation
    should or should not be ordered is within the discretion of the Magistrate,
    which is to be exercised on the facts of each case and in accordance with
    law.

    45.3. Even when the basic power to direct further investigation in a
    case where a charge-sheet has been filed is with the Magistrate, and
    is to be exercised subject to the limitations of Section 173(8)CrPC, in
    an appropriate case, where the High Court feels that the
    investigation is not in the proper direction and to do complete justice
    where the facts of the case so demand, the inherent powers under
    Section 482CrPC could be exercised to direct further investigation or
    even reinvestigation. The provisions of Section 173(8)CrPC do not
    limit or affect such powers of the High Court to pass an order under
    Section 482CrPC for further investigation or reinvestigation, if the
    High Court is satisfied that such a course is necessary to secure the
    ends of justice.

    45.4. Even when the wide powers of the High Court in terms of
    Section 482CrPC are recognised for ordering further investigation or
    reinvestigation, such powers are to be exercised sparingly, with
    circumspection, and in exceptional cases.

    45.5. The powers under Section 482CrPC are not unlimited or
    untrammelled and are essentially for the purpose of real and substantial
    justice. While exercising such powers, the High Court cannot issue
    directions so as to be impinging upon the power and jurisdiction of other
    authorities. For example, the High Court cannot issue directions to the
    State to take advice of the State Public Prosecutor as to under what
    provision of law a person is to be charged and tried when ordering further
    investigation or reinvestigation; and it cannot issue directions to
    investigate the case only from a particular angle. In exercise of such
    inherent powers in extraordinary circumstances, the High Court cannot
    specifically direct that as a result of further investigation or
    reinvestigation, a particular person has to be prosecuted.

    (emphasis added)

    16.The petitioner has been already enlarged on bail and the Coordinate

    Bench of this court, while permitting the IO to file chargesheet, has

    restrained the court from taking cognizance till further orders, in terms

    of order dated 08.05.2024. In the peculiar facts and circumstances of

    the case, this Court deems it proper to direct Inspector General of

    Police, Jammu, to constitute a Special Investigating Team (SIT), to be

    headed by the Officer not below the rank of Superintendent of Police

    within a period of seven days from receipt of the order to further

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    CRM (M) No. 368/2022
    investigate the matter, so as to unearth the identity of the true

    perpetrator responsible for sexually exploiting the helpless minor

    victim.

    17.The learned Sessions Judge, Reasi is directed to return the charge-sheet

    to SHO, Police Station, Katra for further investigation in terms of

    above-mentioned directions. However, the prayer made by the petitioner

    for quashing the FIR is declined at this stage.

    18.The petition is, accordingly, disposed of.

    19.The IGP shall file status report with regard to the compliance of the

    directions issued by this Court as mentioned above by 29th June, 2026.

    20.Let Registry to maintain an index which shall come on 29th June, 2026.

    21.Copy of this order be forwarded to IGP Jammu; SHO, P/S Katra; and

    Learned Sessions Judge, Reasi, for compliance.

    22.

    (RAJNESH OSWAL)
    JUDGE
    SRINAGAR:

    22.05.2026.

    “Ab. Rashid”

                                                   Whether the judgment is reportable:    Yes/No.
    
    
    
    
    Abdul Rashid Ganaie                                           8
    I attest to the accuracy and
    authenticity of this document
                                                                                         CRM (M) No. 368/2022
    :22.05.2026 14:14
    



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