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| Delay in registration of FIR leads to acquittal of accused in rape case | | | Jammu, Aug 18 : 3rd Additional Sessions Judge/Fast track Court Sanjeev Gupta has acquitted one Rakesh Kumar who was facing trial in rape case, as case was registered by prosecutrix after five months and prosecutrix also failed to comprehend the circumstances in which the charge of rape can be leveled against the accused.
According to the police case, accused Rakesh Kumar used to follow the prosecutrix and used to send love messages to her due to which she fell in her trap and started thinking about her marriage with her without realizing his actual intentions and on November 30, 2007 accused brought prosecutrix to the Court for court marriage where she put her signatures on some stamp papers. On asking the accused after going through the contents of marriage agreement believing herself to be wife of the accused, he told prosecutrix that he will meet her parents in order to persuade them for marriage and thereafter accused developed sexual intimacy with her on assurance that they had already married, which continued for some months and she also considered herself to be the wife of accused on account of the marriage.
After sometime accused snatched the original documents and prosecutrix reported the matter and police registered a case and after completion of investigation challan was presented.
Presiding Officer Fast Track Court, Sanjeev Gupta after hearing both the sides observed that from the record, it becomes crystal clear that if the evidence of the prosecutrix is read and considered in totality of the circumstances alongwith the other evidence on record, court is of the view that her deposition does not inspires confidence on account of non disclosure by her of true geneses of the crime besides account of number of discrepancies and improbabilities pointed. With these observations Court observed that prosecution has failed to bring home guilt against the accused who deserves a benefit of doubt and acquitted from the charges leveled against him.(JNF) |
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