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| Court acquits kidnapping, rape accused | | | early times report
ramban, Jan 19: Principal Sessions Judge Ramban M A Choudhary acquitted Mohammad Yousaf Bake-rwal of Taryan Udhampur from charges of kidnapping and rape case.
According to the police on 7 October 2010 the father of prosecutrix complained that his minor daughter was kidnapped on the intervening night of October 4 and 5 and a theft was committed to the amount of Rs 75 000 by Juma, Hameed, Abdul Aziz and Sardar sons of Lala Bakerwal.
Police registered a case vide FIR No 185/2010 for the commission of offences punishable under sections 363/109/457/380 RPC. After investigation of the case the instant chargesheet was laid against Yousaf for the commission of offences punishable under sections 363/376 RPC before the Court.
The Judge after hearing both the sides held that the first and foremost aspect of the case to be considered is about the age of the prosecutrix. "The prosecutrix has given her age as 13 years on the day of occurrence as corroborated by her father PW-2 Rashid Bakerwal, who also stated that the prosecutrix was the third issue among his ten children born out of wedlock solemnized 30-35 years back. He also stated that the prosecutrix was born after nine years of his marriage meaning thereby that the prosecutrix was in case of 30 years of the marriage aged as 21 years and in case of 35 years her age could be 26 years. The prosecutrix is therefore in the age band of 21 to 26 years of age on the day of occurrence," the Judge observed.
"The prosecutrix was thus not a child below the age of 16 years at the time of her alleged abduction. The next question is whether the prosecutrix had been kidnapped. On analysis of the whole of the statement of the prosecutrix it appears from the facts that without any resistance she had accompanied the accused, did not disclose her alleged abduction to any person at Banihal Bus stand or enroute to Udhampur, at Udhampur or Tikri where she alleged to have been confined by the accused and on way back from Udhampur to Banihal that she had been kidnapped. PW-3 Bashir Ahmad and PW-4 Moham-mad Rafiq who are brothers of the complainant have stated that they had heard that the prosecutrix had eloped with the accused. These facts clearly suggest that the prosecutrix had eloped with the accused of her own will," he added.
The Court questioned whether the sexual intercourse as claimed by the prosecutrix was against her will amounting to rape has also not been proved as all the attending circumstances which "persuade this Court to hold that the sexual intercourse by the accused with the prosecutrix was not forcible and voluntary and therefore the sexual intercourse by a consenting women does not amount to rape."
With these observations Court held that the prosecution has miserably failed to bring home the charge against the accused. The prosecution case fails and is dismissed. (JNF) |
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