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| Father-in-law acquitted from charges of raping daughter-in-law | | | ET Report
Jammu, Sept 16 : Principal Sessions Judge Bhaderwah MK Sharma today acquitted one Rukam Din S/O Churrah Qureshi R/O Sarlaya Samie Tehsil Gandoh District Doda from the charges of committing rape with her daughter-in-law (son's wife) and issued show cause notice to prosecutrix for to explain as to why she may not be proceeded for making false statement.
According to the police case on December 17, 2010 prosecutrix presented a written complaint in police station Gandoh alleging therein that her father-in-law under the threat to the complainant's life used to commit sexual intercourse with her in absence of her husband who was working as labourer in Shimla and was away from the house for the last one year, due to which prosecutrix got pregnated. On the basis of this report, crime no. 181/2010 for the commission of offence under section 376 RPC was registered in PS Gandoh and investigation was entrusted to PW-11 HC Mohammad Amin Khan. On completion of investigation, this charge sheet was laid before the court.
Principal Sessions Judge Bhaderwah Mr. MK Sharma after hearing Public Prosecutor for the State whereas Adv CK Gupta for the accused, observed that the edifice of prosecution case therefore rests upon the statement of prosecutrix. prosecutrix while deposing before the Court turned hostile and did not support the prosecution case. She has not said even a word against the accused regarding commission of rape. Other witnesses of the prosecution including Muzaffar Ali, husband of the prosecutrix too have turned hostile.
There is not even an iota of evidence connecting the accused with the commission of offence of which the accused is charged. The challan, therefore, fails. The accused is acquitted.
While acquitting the accused from the charges of rape, Court pointed out that all the witneses in this case have turned hostile and they did not support the prosecution for whom they were cited as witnesses. It is a serious issue. The statement of prosecutrix during investigation was recorded under section 164-A Cr.P.C before the ld Judicial Magistrate Gandoh.
The prosecutrix has admitted while deposing before this Court that her statement was recorded in the Court at Gandoh.
While deposing before this court during trial she resiled from her earlier statement and has made contradictory statements.
Court cannot say at this stage as to which statement out of the two which she made is true and which is false. The adversarial system of justice delivery is based upon the evidence.
If these things are not taken seriously and the guilty punished, the day is not far when the system as a whole will collapse.
It is the mandate of section 164-A Cr.P.C that the person makes the statement voluntarily and the Magistrate recording the statement makes an endorsement to this effect. Court shall proceed against the prosecutrix only whose statement during investigation under section 164-A Cr.P.C was recorded. Let show cause notice be issued to the prosecutrix to explain as to why she may not be proceeded for making false statement. JNF |
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