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DB upholds acquittal in alleged rape with minor step-sister 8/20/2014 11:42:24 PM Jammu, Aug 20: A Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal has upheld the acquittal of one Sanjay Kumar who was acquitted by the Trial Court in the year 2003 for allegedly raping his minor step-sister. State is in appeal against judgment dated 27.08.2003 rendered by Sessions Judge, Udhampur, whereby respondent Sanjay Kumar has been acquitted after his trial for offence under section 376 RPC for having committed forcible sexual intercourse with his step sister, a child aged 7. According to the police case, Bantoo Devi who lodged the FIR, is the mother of the victim. MahinderNath is the paternal uncle of the victim and the accused and at the relevant time was a member of the Panchayat of the village. According to the prosecution on November 25, 2001 at about 7/7.30 PM accused fraudulently took the victim to their cattle house under the pretext that she should hold the mace, while giving fodder to the cattle. In the cattle house, accused committed forcible sexual intercourse with the victim. Incident was seen by mother of the victim, who had reached on spot on hearing screams of the victim. On the next day, mother reported the matter to MahinderNatha, who, however, did not take any action so mother lodged report at the Police Station, BasantGarh on 28.11.2001. On her report offence under section 376/511 RPC was registered as FIR No. 22/2001 and the investigation commenced. After completion of investigation police filed charge sheet against the accused for commission of offence under section 376 RPC. On August 28, 2003, Trial Court acquitted the accused as prosecution failed against that acquittal, State filed present appeal. This approved for reporting judgment written by Justice Janak Raj Kotwal for the Division Bench, observed that, this Court is not in a position to disagree with the view taken and does not find any error or illegality in the judgment of acquittal recorded by the trial court and would rather say that it would not have been safe for the trial court to rely upon the version of the victim and her mother to record conviction against the accused as we are persuaded to hold that involvement of the accused in the alleged occurrence is not proved beyond doubt. With these observations Court upheld the acquittal and dismissed the appeal. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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