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| Court acquitted son & father in rape as prosecution case is not stand on firm footing | | | early times report
Jammu, June 28: Principal Sessions Judge Udhampur Mr. AK Koul today acquitted son and father namely Mohd Imran S/O Umar Din and Umar Din S/O Rahim in alleged rape case as prosecution case does not stand on a firm footing and all the facts seem to be in disarray.
According to the police case that a written complaint lodged by prosecutrix before CJM Udhampur who directed endorsed the same to Incharge Police Station Basantgarh for necessary action under law. During investigation it was found by the I.O that in June 2010 the prosecutrix was a student of class 7th of Govt. Hr. School Khaned. Prosecutrix went to defecate in a nearby field when Mohd Imran came on spot, caught hold of her, laid her on the ground, opened her shalwar and raped her once. After satisfying his lust accused No.1 threatened her that if she disclosed about the incident to any one, he would kill her. Thereafter the accused started teasing the prosecutrix and ultimately the prosecutrix divulged the facts before her parents, who lodged a protest with the parents of accused No.1.
Accused No.2, the father of the accused No.1, wanted to hush up the matter and he offered a sum of Rs.50, 000/- as compensation to the prosecutrix, on her promise that she would not pursue the matter before the police. Thereafter, accused No.2 back tracked and did not pay any money to the prosecutrix and instead he lodged a cross case against the prosecutrix and her parents. The accused No.2 as such made every effort to cover the matter, and in order to do so, he tried to compensate the prosecutrix and even threatened her and her parents to desist from lodging the report, but prosecutrix ultimately mustered the courage to lodge the report, but was late in doing so and the scribe of the complaint lodged by prosecutrix even did not record the version of the prosecutrix correctly and the true facts are traceable in her statement u/s 164-A Cr.PC. After conclusion of investigation accused No.1 was found to have committed offences u/s 376/506 RPC and accused No.2 was found involved in commission of offence u/s 195-A Cr.PC. The investigation ultimately culminated in this charge sheet.
Principal Sessions Judge Udhampur Mr. AK Koul after hearing Adv KB Gupta for the state whereas Public Prosecutor Navneet Gupta for the state observed that there is no escape from the conclusion that the prosecution case does not stand on a firm footing and all the facts seem to be in disarray. A doubt free nexus between the accused and the guilt is altogether missing. Statement of prosecutrix deserves out right rejection in view of serious infirmities in it. The Court is left with no option but to conclude that the case is a failure. Same is so dismissed and accused are acquitted of the charges framed against them. Their bail bonds shall stands discharged. JNF |
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