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| Police constable acquitted of rape charges | | |
JAMMU, July 12 : Principal Sessions Judge Poonch today acquitted one Imtiaz Ahmed of Dharana village in Mendhar Tehsil of District Poonch in a rape case.
Principal Sessions Judge Poonch Jaffer Hussain Beigh after hearing both sides observed that as stated by the prosecutrix, accused had promised to marry her. Court said that the promise looses all significance, particularly when they went from bus-stand to the hotel and the prosecutrix herself spent night in the hotel with the accused without any resistance from the prosecutrix but voluntarily, over come with emotions and passion and in a weak moment, succumbed to the temptation of having sexual relationship.
This is what appears to have happened in this case as well. Court said that if the statement of the prosecutrix is taken as it is, the prosecutrix willingly consented to having sexual intercourse with the accused with whom she accompanied to the hotel, not because he promised to marry her, but because she also desired it.
In these circumstances, it would be very difficult to impute to the accused knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promised.With these observations, court dismissed the challan produced by the police and acquitted the accused from the charges levelled against him. (JNF) |
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