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| Court acquits accused facing trial in rape case | | | Jammu, Aug 31: Principal Sessions Judge Udhampur AK Koul has acquitted one Kaka Ram alias Kaku Ram who was facing trial in rape case, as the statement of prosecutrix is incredible.
According to the police case that on August 30, 2009 the prosecutrix lodged a complaint before Chief Judicial Magistrate Udhampur, wherein the allegations of house trespass and rape were leveled against the accused. It was alleged that on the night intervening 25/26 of August 2009 the husband of the prosecutrix was out of his house and the prosecutrix was alone at her home along with her minor son.
The prosecutrix went to her bed room at 10/11p m when accused barged in her room and raped her forcibly in view and presence of her minor son. She raised an alarm but no one came to her rescue and the accused managed to escape after commission of rape on her. Her husband returned on August 27, 2009 where after the complaint was lodged and the Magistrate forwarded the complaint to SHO Police station Latti in terms of Section 156(3) Cr.PC and registration of case followed. Police registered a case and after completion of investigation challan was presented.
The Court after hearing observed that accused has produced has produced three witnesses and all three have in one voice said that parties have a land dispute and this case is an out come of land dispute.
The Court further observed that Her son being by her side hides himself in quilt and watches his mother being subjected to sexual assault by accused. It is a fact that the son of the prosecutrix was a minor having an age of 10 years. He could not individually do much to prevent the accused from assaulting his mother but the prosecutrix and her son could together manage to put up strong resistance which could force the accused to leave, but nothing like that has been done.
The prosecutrix and her son have not even raised an alarm during the alleged occurrence or thereafter to invite the attention of the other inmates of the house or that of neighbours. Strangely enough the prosecutrix went to sleep after the alleged sexual assault without a protest. She takes a bath next morning and washes her clothes to destroy the evidence.
All this is indicative of the fact that the statement of the prosecutrix and her minor son cannot be safely relied upon because same appear to be incredible and acquitted the accused from the charges levelled against him. (JNF) |
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