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| Three acquitted in rape case, warrant against one | | | Early Times Report
Jammu, Feb 13 (JNF) : Principal Sessions Judge Poonch Kishore Kumar has acquitted Zuffer Iqbal S/O Mohd Sadeeq, Fazal Hussain S/PO Khadam Hussain and Mohd Ishaq S/O Mohd Latief, as prosecution witnesses have not supported the prosecution story and Court also issued General Arrest Warrants against Mohd Qasam S/O Mohd Shabir.
According to the police case that on March 30, 2011 accused persons namely Zuffer Iqbal,Mohd Ishaq,Mohd Qasam and Fazal Hussain lured and induced the victim aged 17 years and took her to a Kachha Dhara at Khanetar and committed rape upon her. The police registered a case FIR No.30/.2011 for the commission of offence 376/323/34RPC.
Principal Sessions Judge Poonch Kishore Kumar after hearing both the sides, observed that A bare perusal of the prosecution evidence leads to the conclusion that accused has been falsely implicated in a case u/s /376/RPC, Once the Star witness has denied the occurrence and denied the prosecution story, so, there is no justification to proceed further for recording entire evidence.
Accused becomes entitled to discharge when there is no good ground to proceed against him in case where from the material on record itself.
Court further observed that it becomes the duty of the prosecution to prove the role played by the accused person for the commission of the offence .Prosecution story is shrouded with mystery and cannot be relied upon. With these observations court acquitted the accused. |
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