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| Prosecution failure leads to acquittal in alleged kidnapping and rape case | | |
Jammu, Mar 11 (JNF): Principal Sessions Judge Poonch has acquitted three accused namely as Ishfaq-Ul-Rehman, his father Mohd Zaman and mother Rashida Bi facing trail in kidnapping and rape with prosecutrix as prosecution failed. Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Ishfaq-Ul-Rehman, his father Mohd Zaman and mother Rashida Bi who were facing trail in kidnapping and rape with prosecutrix as prosecution failed.
Principal Sessions Judge Poonch Jaffer Hussain Beigh after hearing both the sides observed that it is clear that the behaviour of the prosecutrix as reflected from her testimony, appears to be quite strange when she was being compelled for marriage for about six months after getting divorce from her husband and thereafter was taken from her residence to the bus stand and was asked to board in the vehicle in which a number of passengers were present and then to Punjab in the public vehicle and further observed that the prosecutrix was of the age of more than 20 years at the relevant time. "On these facts a view is reasonably possible that the prosecutrix went along with the accused and had sex with him with her own consent and was not a case of forcible act on part of the accused and hence there was no offence u/s 366 or 376 RPC committed by the accused because going with her own consent and the sex with a woman above 18 years of age with her consent is neither kidnapping nor amounts to rape, court observed and with these observations Court acquitted the accused from the charges as the prosecution failed to prove its case.
According to the case that on 03/05/2009, the complainant constable found his wife missing from his house at Sanai and lodged report before police station Poonch with which police swung into action and after recovery of the prosecutrix it was established during investigation that on 10/05/2009 the accused No. 1 in convenience with other accused persons after enticing his wife, kidnapped and kept her at Jammu and Punjab for more than one month where the accused No. 1 committed rape upon her and in this way offences u/s 366/376 were established against the accused No.1 while offences u/s 366/109 were established against the accused No. 2and 3 and presented challan in the Court. |
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