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Court acquits accused, passes strictures against IO | Challan in rape case produced against wrong person | | Jammu, Nov 21 : Principal Sessions Judge Poonch JafferHussainBeigh today acquitted Zahoor Ahmed S/O MohdSharief R/O Behra, Tehsil Mendhar, District Poonch who was allegedly facing trial in rape case, as FIR was registered against another person and passed strictures against IO and ordered reinvestigation of the case. While acquitting the alleged accused, Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that it may be stated here that the Public Prosecutor made scathing criticism of the conduct of Sub Inspector Nazir Ahmed No.7302/NGO Investigating Officer of this case. At the same moment the prosecutrix moved a protest application that the FIR No.131/2011 of Police Station Mendhar has not been investigated properly and the Investigating Officer is far away from the contents of the application lodged by the prosecutrix. Principal Sessions Judge Poonch Jaffer Hussain Beigh further observed that the prosecutrix form the key ingredient in a criminal trial and it is the testimony of this witness which establishes the guilt of the accused. It is, therefore, imperative that for justice to be done, as it is the reliance on her testimony and complaint she made that the actual culprit of heinous crime against her can be brought to book. The victims of crime were persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering is the abuse of power of the investigation when the Investigating agency without investigating the FIR has not fairly conducted the investigation. Upon Court directed SSP Poonch to get the re-investigation conducted in the light of the report lodged by the prosecutrix by a police officer not below the rank of Deputy Superintendent of Police and disciplinary action against the Investigating officer namely Nazir Ahmed be also initiated under rule and the outcome of the investigation as well as the enquiry against the said Investigating Officer and action taken in the matter be submitted to this court.(JNF) |
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