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| DB upholds acquittal in rape, kidnapping case | | | Jammu, July7: Division Bench (DB) of the State High Court Comprising Justice Virender Singh and Justice Bansi Lal Bhat upheld the acquittal of one Bhivishan Singh who was acquitted by the fast track court following prosecution failure in the case.
Division Bench held that since the testimony of Prosecutrix fails to inspire confidence, the evidence of other witnesses is merely corroborative in character and cannot be a substitute for substantive proof, the court finds no substantial and compelling reasons to depart from the findings of learned Trial Court. Court also observed that the impugned judgment does not suffer from infirmity on any count and the same cannot be held to be erroneous much less perverse and further hold that there being no cogent ground to interfere with the judgment of Trial Court, leave to file the appeal against acquittal is declined and dismissed the appeal.
According to case on 22/11/2012 Raj Kumar lodged report at the same Police Station alleging abduction of prosecutrix by accused. On the basis of said report case under FIR No. 258/2012 came to be registered at Police Station Akhnoor for offence under Sections 366/109 of RPC. Prosecutrix was recovered during the course of investigation. After assembling material investigation was concluded by filing charge sheet u/s 366/376/109 of RPC against the present respondent-Bhivinish Singh (hereinafter referred to as 'accused') whereas co-accused Anil Singh was declared absconder and proceedings under Section 512 of CrP.C were initiated against him by Judicial Magistrate Ist Class Akhnoor.
The Trial Court framed charges for offence under Sections 366/376 of RPC against the accused who pleaded not guilty and claimed to be tried. No evidence was adduced by accused in his defense. On consideration of the evidence brought on record by prosecution at the trial of 3rd Additional Sessions Judge Jammu (Fast Track Court) found that the story of her abduction by the accused at the point of knife was only a ruse to cover up her act of being a consentee party in the whole episode and thus acquitted the accused and the co-accused. Aggrieved of the judgment of acquittal of accused and his alleged collaborator in crime the State seeks leave to prefer the instant appeal. (JNF) |
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