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| Rape accused acquitted as prosecution fails | | |
early times report
Jammu, Feb 4 (JNF): Principal Sessions Judge Samba Kartar Singh has acquitted Janak Raj alias Sonu S/o Sham Lal R/o Kotli Mord, Tehsil Bishnah from the rape case as prosecution story is riddled with probabilities and unnaturalness.
According to the police case, on the written report of the complainant in Police Station, Bari Brahmana stating therein that her daughter Miss "Z" who was student of 10th class had gone to attend her school R.K. Model Higher Secondary School, Bari Brahmana but on the said day she did not return home.
On enquiry she came to know that her daughter Miss "Z" was kidnapped by one Janak Raj alias Sonu S/o Sham Lal R/o Kotli Mord and her whereabouts are not known.
On the written report of the complainant FIR No. 40/2007 for the commission of offence falling under section 363 RPC was registered against the accused and investigation ensued. During investigation prosecutrix was recovered from Dogra Chowk Jammu from the custody of the accused and the Car was also seized.
She was medically examined in Govt. Medicial College Hospital, Jammu.
During investigation offence under sections 363/376/342 RPC was proved against the accused and challan was submitted in the court of Munsiff, JMIC, Samba who committed the case to the court of learned Sessions Judge, Jammu for trial of the accused.
On creation of Sessions Court at Samba, the present file has been sent to this court for trial of the accused.
Principal Sessions Judge Samba Kartar Singh after hearing Adv Ganesh Sharma appearing for the accused whereas Public Prosecutor Th. Sukhdev Singh Samyal appearing for the state, observed that It is a clear case of elopement of Miss "Z" with the accused and it cannot be said that she had been kidnapped by the accused who had sexual intercourse with her against her will.
The accused is, therefore, acquitted of the charge framed against him.
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