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| Miserable failure of prosecution leads to acquittal in kidnapping case | | | Early Times Report
Jammu, Mar 1: 1st Additional Sessions Judge Jammu Mohan Singh Parihar acquitted Ratnish Kumar alias Munna who was facing trial in kidnapping, as prosecution miserably failed.
The case of the prosecution as narrated in the charge sheet is that on 3rd of August 2013, complainant Thoru Ram son of Sama Ram resident of Arnia Tehsil Bishnah District Jammu lodged a report written in Urdu at Police Station Arnia against Ratnish Kumar alias Munna to the fact that on the said date at 6.30 AM his daughter had gone in the field for attending the call of nature and has not returned back to her home and he has come to know that accused Ratnish Kumar who is a resident of Bihar State and about two months ago he had remained his tenant had abducted his daughter forcibly after enticing her and has taken her at some unknown place. The age of the daughter is about 18 years. Action under law be taken against the accused.
The complainant orally stated to the police that the accused with criminal intention had kidnapped his daughter forcibly after enticing her. On receipt of the said report a case was registered under FIR No. 78 of 2013 for offence under section 366 RPC at Police Station Arnia and after completion of the investigation challan was presented.
1st Additional Sessions Judge Jammu Mohan Singh Parihar after hearing Adv Prince Khanna appearing for the accused observed that there is also no evidence on the record to show that the prosecutrix was forcibly taken away by the accused with intention to either marry with her or to commit illicit intercourse and further observed that after discussion on challan and on perusing the record of the case and considering the submissions made by both the sides, this Court came to the conclusion that prosecution has miserably failed to prove the charge framed against the accused beyond its reasonable doubt and as such the accused is accordingly acquitted of the charge framed against him under section 366 RPC and the challan is dismissed.
The accused who is in the judicial custody from the date of his arrest be set free forthwith provided he is not involved in any other case. |
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