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| Court acquits 2 in rape case, issues perjury proceedings against victim | | | Jammu, Dec 31 : In a rarest of the rare case, principal sessions judge, Poonch, Jaffar Hussain Beigh has acquitted two accused and issued perjury proceedings against the complainant. Accused Zuffer Iqbal and Mohammad Mustafa were acquitted by the court as the prosecutrix had lodged a false complaint against them. According to the allegations leveled against them, on the July 26, 2012 night the prosecutrix, after being threatened with khokoris, was kidnapped by the accused and confined in their house where she was gangraped. After the completion of investigation, challan was presented.
The judge, after hearing both the sides, observed that as the prosecutrix had given clean chit to the accused, it would be a futile exercise to ask the prosecution to lead further evidence because no amount of the evidence of the prosecution would reconstruct the prosecution structure demolished by the prosecutrix herself. With these observations, the court acquitted the accused. Before parting with this order, the judge would like to observe that the prosecutrix had willfully and deliberately made a false statement before this court to screen the accused from the punishment. The prosecutrix has made one statement on oath before the Magistrate and also before this court when appeared against the trial completely denied the same. The change of version of her statement by the prosecutrix amounts to commission of perjury punishable under section 479-B of CrPC. Such trend by the witnesses making false statements and committing perjury requires to be dealt with heavy hands. Separate proceedings shall be initiated against the prosecutrix, the court directed. |
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