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| Father acquitted from rape charges | | | Et Report
Jammu, Feb 10 : Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Mohd Shafi S/O Ramzan Joo R/O Arai Tehsil Mandi District Poonch from the alleged rape charges with her daughter, as prosecutrix contradicted with her own statement regarding the place where the alleged rape has been committed with her.
According to the police case that prosecutrix filed a complaint against her father Mohd Shafi at 1300 hours on Ist July 2008 at the aforesaid Police Station that about 1 1/2 months ago, during night, the accused committed rape upon her but she did not disclose it to anybody in order to save herself at the risk of condemnation and ostracization by society. That her father, during the night intervening between 29th and 30th June 2008, without any reason took quarrel with her mother, Naseema Bi and forced her to leave his house.
Other younger brothers were present in the house and were sleeping when the accused forcibly caught her of the breast. As she tried to raise cries, the accused being powerful and oblivious of growing menace of sex, gagged her mouth and took her to another room where without her consent, raped her. On police registered a case andafter completion of investigation challan was presented. Principal Sessions Judge Poonch Jaffer Hussain Beigh after hearing both the sides observed that the statement of prosecutrix ismaterially contradicted with her own statement regarding the place where the alleged rape has been committed with her.
She is also contradictory to the statement of the medical evidence which shows that she was pregnant of more than 40 days when she has alleged that rape has been committed upon her within 2/3 days of getting her examine by the doctor.
She is also contradictory to the statement of her mother and in view of the strained relationship between mother and the accused for paying the amount of Rs.4,79,000/- of the accused to her brothers and because of not faithful to the accused for their easy virtue character the accused was beating daughter and wife.
In order to get rid of the demand of the huge amount of Rs. 4,79,000/- grabbed by wife of accused and her brothers and also in order to keep themselves free from control of the accused the possibility of false implication of the accused in shameful act cannot be ruled out. With these observations Court acquitted the accused from the charges leveled against him and released him from custody after five years.JNF |
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