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| Prosecution failure leads to acquittal two real brothers in rape case | | | JAMMU, June 12 : Principal Sessions Judge Poonch Jaffer Hussain Beigh today acquitted Mohammed Taj and Mohammed Rafiq Sons of Qudratullah, both of whom were facing trial in rape case for the last 9 years as prosecution failed.
After hearing both the sides and gone through the statements of the witnesses and prosecutrix, Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the prosecutrix was neither kidnapped nor raped by the accused person but concocted story was built by the prosecution in order to involve the accused in false case on the basis of enmity upon the land between the parties and thus the prosecution has failed to establish the charges framed against the accused persons and acquitted both the accused by dismissing the challan.
According to the police case that prosecutrix along with her mother lodged a complaint Police Station against Mohammed Taj, Mohammed Rafiq, Mohammed Mushtaq, Parvez Ahmed and Gulzar Bi with averments therein that her father is dead and on 28.04.2005 at about 3.00 p.m when she was going to the house of her aunt, near the house of the accused, the prosecutrix was called inside the house by accused Gulzar Bi with criminal intention where Mohammed Taj, Mohammed Rafiq, Mohammed Mushtaq and Parvez Ahmed were already sitting.
Accused went outside and kept the prosecutrix in the hotel. The prosecutrix after availing the opportunity escaped from the hotel on the morning of 05.05.2005 and reached house. She has prayed for action under rule. On this police registered a case and after completion of the investigation offence was established against Mohd Mushtaq, Parvez Ahmed and Gulzar Bi and offences u/s 376, 323, 342 were also not proved against any person but offence u/s 366/376/109 RPC were established against the accused Mohd Taj and Mohd Rafiq.(JNF) |
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