Excelsior Correspondent
JAMMU, Feb 28: Fast Track Court, Jammu presided over by Amarjeet Singh Langeh discharged accused in case titled UT of J&K Vs Vikas Sajgotra and another in case FIR no.82/2025 for offences of disrobing a women, causing hurt and intimidating complainant.
Accused were husband and wife and allegations were that the man assaulted complainant in the case on 28.05.2025 when she had gone to the residence of her daughter at Paloura Jammu. He allegedly took fight with her when her daughter went to kitchen and thereafter assaulted her with iron rod and grabbed her inappropriately and in the process her shirt was torn.
Subsequently matter was reported to police where FIR in question was registered and finally both accused were found involved by police in commision of offences under sections 76/115 (2) and 351 (2) of BNS. Complainant was described as mother of sister-in-law of the accused.
While discharging accused Vikas Sajgotra from offence of assault on women with intention to disrobe her, court held that “where predominant motive of accused in a verbal duel is to cause hurt, such an act may at the most amount to outraging modesty of a women but doesnot constitute an offence of disrobing women in terms of section 76 of BNS”, adding “tearing of shirt cannot be equated with disrobing”. Accordingly, he was discharged for offence under section 76 of BNS, which otherwise a session trial offence.
What came as a surprise to court was that there were no allegations worth the name against the woman, who is wife of the accused, yet she was alleged to have committed offences as were alleged against her husband. Observing that there was no prime facia evidence against her worth the name, court further held, “Being available with her husband at her residence at the time of alleged occurrence perse cannot be a circumstance to indict her”. She was accordingly discharged from all offences.
There however was sufficeint prima facie evidence indicating involvement of the man in commision of offences under sections 115 (2) and 351 (2) of BNS which offences are triable by magistrate. Accordingly challan was directed to be sent to Chief Judicial Magistrate Jammu for proceeding further in accordance with law after formally framing charges agianst the man for aforesaid offences. Parties were directed to apprear before Chief judicial magistrate jammu on 12.03.2026.
Anil Bhargotra Advocate represented accused whereas prosecution was represented by APP.
Follow our WhatsApp channel
