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| Court acquits rape accused as prosecution fails to examine prosecutrix | | | Jammu, Feb 4: Principal Sessions Judge Poonch, Jaffer Hussain Beigh today dismissed the challan and acquitted Gurdev Singh S/O Kalyan Singh Tehsil Poonch District Poonch who was facing trial in rape case as prosecutrix was not examined.
According to the police case on 16.7.2010 after receiving information through reliable source by the complainant ASI Rashied Ahmed, while on duty at Id Gah Chow, rushed along with other official at Flora Garden Poonch where the accused was committing rape upon Mst. Deva at the stair of the Flora Garden. After receiving this information FIR No.106/2010 for offence u/s 376 RPC was registered in police station Poonch. Charge for commission of the above said offenceagainst the accused was framed on 23.11.2010 but the accused claimed to be tried.
Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the victim, the prosecutrix has neither been cited nor examined by the prosecution.
Unless and untill the aggrieved victim, upon whom the whole prosecution story revolve, would not be produced before the court and would not speak anything against the accused, the statement of PW1 and PW2, does not carry any weight. In view of what has been said and done above when the prosecutrix has not been examined, it would be very difficult to say that the accused has committed rape upon the victim.
Thus there is no sufficient evidenced on record to connect the accused with the crime attributed to him.
The result is that the challan is dismissed and the accused is acquitted. He stands released from his bail bond. (JNF) |
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