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| Prosecutrix found to a consenting party | | 2 rape accused acquitted | |
early times report
Jammu, Dec 8 (JNF): Principal Sessions Judge Kathua MK Hanjura today acquitted Joginder Singh and Raj Kumar who were facing trial for the last 10 years in case of rape and kidnapping as prosecutrix was a consenting party.
While acquitting the accused, the court after hearing Public Prosecutor Ravi Kumar Gupta and Advocate KB Mahajan for the accused persons, took serious note that investigating officer has not appear as a witness in the instant case.
The court "in my experience as a Sessions Judge, I have seen that in most of the cases involving heinous offences of murder, rape, NDPS Act etc, the investigating officers do not appear as witnesses in the Court. Why is it so?"
Court further observed that it is the time to sit together, to find out the loopholes and to make every endeavor to plug them, if they have the time to come out of the rut of which they in there nomenclature turns as law & orders. If this situation persists only God can save the criminal justice system which at the moment appears to be as the brink of disaster, with every limb passing the buck on to the other.
On May 7, 2002 Parveen Singh lodged a written report at P/S Hiranagar that about 10 days earlier Joginder @ Shindu s/o Parkash Chand hatched a criminal conspiracy with his father Parkash Chand, mother Rano Devi and his brother Mohinder, in furtherance of which Joginder Singh abducted complainant's sister with the intention to marry her against her wishes. On this case u/s 366/109 RPC was registered and investigation started. The recovery of prosecutrix was affected and after completion of the investigation presented challan u/s 376/366/ 109 RPC in the Court Judicial Magistrate Hiranagar against accused namely Joginder Singh, Raj Kumar, Parkash Chand, Rano Devi and Mohinder. Judicial Magistrate Hira-nagar committed case to the Court of Sessions Court Kathua. Vide order dated July 23, 2004, Parkash Chand, Rano Devi and Mohinder were discharged and by the same order Raj Kumar and Joginder Kumar were charged with 336/376/109 RPC.
Court in acquittal order observed that she hovered around the accused. It is case of living together with each others consent and than turning around by taking a U-Turn, the facts of the case clearly demonstrate that the prosecutrix was a consenting party. With these observations Court acquitted the accused from the charges leveled against them. JNF |
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