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| Court acquits 2 in kidnapping, rape case | | | Jammu, Mar 29: Court has decided a kidnapping and rape within shortest period of six months and acquitted both the accused from the charges of rape and kidnapping as prosecution failed to prove its case.
Principal Sessions Judge Kathua AK Koul today acquitted Rahul Kumar S/O Ram Dass R/O Village Jakhbar Tehsil and District Kathua and Ankit Kumar S/O Som Raj R/O Village Hatli, Tehsil and District Kathua who were facing trial for the last six months with the observations that all the evidence read conjointly does lead us to believe that the prosecution story is tailored to suit the convenience of the prosecutrix. There does not appear to be any coherence, consistency and genuineness in the version of the prosecutrix. She appears to have changed her version every now and then and in the process, she has shaken the basic structure of the prosecution story. The rape is an accusation easily to be made, hard to be proved and harder to be defended by the party concerned though never so innocent. The law is trite that the sole testimony of victim of a sexual assault is even sufficient to hold the accused guilty, but the uncorroborated testimony of the victim of a sexual assault must be of sterling worth, so that there is a clear nexus between the accused and the guilt. Law cannot afford to convict an accused simply on the basis of sympathy towards the weaker sex, nor can the process of law be bullied by those, who have the tendency of making false accusations to wreck vengeance, even at the cost of their reputation. Women deserve highest pedestal in society, but courts should not get swayed simply because a female is affront against the male, and demonstrate over solicitous attitude towards the weaker sex, even though the version of alleged victim is seriously doubtful. The version of the prosecutrix, as said above, is seriously doubtful. The very allegation of kidnapping and rape appears to be false. If at all, the prosecutrix was found with accused, there is every reason to say that it was with her consent. Resultantly, none of the two charges stands established against the accused satisfactorily and beyond all shadows of doubt.
According to police case that on 09.07.2013, the prosecutrix had gone to a Computer Center at about 12.00 noon. Two boys, who were sitting on a motorcycle near the Computer Center, asked her to accompany them. Prosecutrix refused to oblige them, boarded a matador and left for her home. As she alighted down from the matador at Shiva Nagar, Kathua, the boys again appeared there and told her to withdraw the case, which she had lodged. They showed her an obscene video. Thereafter Rahul and Mukesh forced her to sit on their motorcycle and drove her to a secluded place, where Rahul raped her at about 3.30 PM.
In the meantime, a woman came on spot and both Rahul and Mukesh ran away on their motorcycle and the woman took the prosecutrix to her home. Mukesh was a fellow trainee with her in the Computer Center and so he was known to her and after completion of investigation on September 19, 2013 challan was presented which was decided and acquitted both the accused from the charges. (JNF) |
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