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| Accused acquitted from charges of rape | | | Et Report
Jammu, Sept 16 : Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Mohd Tahir S/o Mohd Hussain R/O Banola Tehsil Mendhar district Poonch from the charges of rape with his step-daughter as prosecutrix turned hostile.
While acquitting the accused, the court observed that Challan against the accused was presented before the court on June 27, 2012 for the commission of offence under section 376 RPC for committing rape upon her step daughter on 5.5.2012 at 10.30 P.M in the kitchen of the Police Line of Poonch after making undress her cloth. In order to substantiate the charge against the accused the prosecution has so far examined two witnesses namely the prosecutrix and her mother. Both these witnesses have turned hostile and the prosecution was allowed to cross-examine them but nothing incriminating was elicited from their statements when cross-examined by the prosecution. Prosecutrix has denied the commission of the offence. In view of the statement of the prosecutrix that the accused has not committed any offence and has been involved in the false case due to the domestic violence between the accused and her mother, so it will not be justified to ask the prosecution to lead further evidence, for the reasons that no amount of material of evidence would rebut the statement of the prosecutrix. So further lease of life to the present case would mean to flog a dead horse, as such the evidence of the prosecution is closed. There are no incriminating circumstances to be put to the accused u/s 342 CrPC, the result is that the challan is dismissed and the accused is acquitted for the commission of offence u/s 376 RPC. |
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