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| 2 brothers acquitted from rape charges | | | Jammu, July 5: Sanjeev Gupta Presiding Officer Fast Track Court today has acquitted Mohd Rashid and Mohd Rafiq who were facing trial in kidnapping and rape case of minor, as prosecution has miserably failed.
After hearing both the sides, the Presiding Officer Fast Track Court Sanjeev Gupta after gone through the facts, observed that court is of the considered view that the present case is a case of elopement of prosecutrix with accused and not a case of taking away from the lawful guardian.
There is nothing on record to show that accused induced the prosecutrix or they prompted her for formation of the intention by her to leave the house of her father, rather from the evidence on record it becomes clear that prosecution has failed to prove that prosecutrix was a minor at the time of alleged occurrence, court observed.
With these observations Court observed that it is manifest that prosecution has miserably failed to prove its case against the accused persons and they are acquitted from the charges leveled against him.
As per police case that grand-father of the prosecutrix filed a written complaint on May 19, 2011 stating his grand-daughter aged 15 years left the house in the morning at about 7:30 AM to visit the office of Social Welfare Jammu after taking Rs 10,000 in cash with her for getting job and did not return back home.
Thereafter he further lodged a report with the allegation that prosecutrix had been taken away to some unknown place by the accused persons who used to sell the girls after kidnapping.
During the investigation prosecutrix recovered and after completion of investigation challan was presented u/s 363/376/109 RPC against the accused. (JNF) |
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