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False rape case registered by complainant Court acquits accused 12/12/2014 11:48:00 PM Early Times Report JAMMU, Dec 12: Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Nazarat Mehmood S/O Mohd Aslam R/O Harmutta, Gursai Tehsil Mendhar who was facing trial in alleged rape case for the last 8 years, as facts and the circumstances proved that a false case has been lodged against the accused by the complainant. The case was based on report lodged by the complainant, Mumtaz Hussain on 20.9.2006 at the aforesaid Police Station with averments therein that on 20.9.2006 at about 5 PM when his daughter 15 years of age after providing tea to the complainant and other persons cutting the grass in the Kap was returning to her house, the accused Nazarat Hussain committed rape upon her in the maize field forcibly as a result of which her daughter became unconscious as was seen by his wife who came on spot and took the prosecutrix to home. He has further narrated that his wife told the whole story to him. On this FIR No.79 of the year 2006 for commission of offences u/s 376/109 RPC. After completion of the investigation offences u/s 376 RPC was established only against the accused Nazarat Mehmood and no offence was established against the other accused persons. Principal Sessions Judge Poonch Jaffer Hussain Beigh after going through the file and statements of the witnesses observed that In view of the enmity between the parties for their land FIR against whole the family members of the accused has been lodged which was not proved even during investigation, the place of occurrence has not been proved by the prosecution, the statement of PW1 and PW3 giving different versions of the presence of the accused on the place of occurrence when the prosecutrix on the day of her examination showed no marks of violence on her body or on her private parts, so there seem the ill intention of the prosecutrix and her father and her mother to implicate the accused in some false case in order to get rid from the accused person for their land dispute which was not tolerable to the complainant party. From these facts it is clear that the statements of some of the witnesses is totally false against the accused in order to get rid of the land dispute with the accused person and his family members and the said statement of the prosecutrix is discredited accordingly. With these ob servations Court acquitted the accused person from the charges leveled against him. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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