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| Rape accused acquitted as prosecutrix turned hostile | | | Early Times Report
Jammu, Jan 25 (JNF): Principal Sessions Judge Poonch has acquitted one Mohd Ameen of Uchhad Tehsil Mendhar District Poonch who was facing trial in kindppaing and rape for last eight years as prosecutrix turned hostile. After hearing both the sides, Principal Sessions Judge Poonch observed that the prosecutrix is consenting, willing party to accompany the accused because the prosecutrix has sufficient opportunities to raise hue and cry and get the accused arrested in case she had been forcibly taken away by the accused particularly when army personnels were conducting the cordoned but she did not raise alarm. "Prosecutrix has not availed opportunity and raises an inference that she was a consenting party. In such circumstances it cannot be said that the accused has committed any offence. Also, the delay in lodging the report in the instant case costs serious doubts on the prosecution case, court remarked. With these observations Court acquitted the accused from the charges leveled against him after 8 years investigation and trial. According to the police case that at 16.30 hours on 26th January 2006 at the aforesaid Police Station that the accused on 22nd January 2006 at 7 pm kidnapped his sister by threatening her when she had gone to provide fodder to the cattle in the cow shed at Uchhad. His parents chased the accused but due to darkness the accused succeeded in kidnapping the prosecutrix and has kept the prosecutrix at some unknown place. The prosecutrix has also an amount of Rs.30, 000/- with her which the accused might have snatched from her. On this FIR No.09 of the year 2003 for commission of offence u/s 366 RPC stood registered and after completion of investigation challan was presented u/s 366/376 RPC. |
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