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Prosecution failure leads acquittal of Army Jawan from 'rape' charges | | | Early Times Report
Jammu, Feb 7 : Principal Sessions Judge Poonch Jaffer Hussain Beigh today acquitted one Tahzeem Ahmed posted as Rifleman 12 Core Regt from the charges of 'rape charges' as prosecution has failed to prove its case. While acquitting the accused from charges, Principal Sessions Judge Poonch observed that there is also no explanation for failure on her part to lodge the complaint with the police at any movement during these seven/eight months and it is not plausibly explained by the prosecutrix how the fear of any threat vanished after seven months for her to lodge the FIR. The prosecutrix was major and a married woman having two children at the relevant time. On these facts a view is reasonably possible that the prosecutrix had sex with the accused with her consent and hence there was no offence u/s 376 RPC committed upon the prosecutrix as sex with a major woman with her consent is not rape. With these observations Court acquitted Tahzeem Ahmed of Mendhar, Poonch from the rape charges leveled against him. (JNF) |
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