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Session Court Kishtwar acquits rape accused, directs proceedings against prosecutrix
3/30/2015 11:17:02 PM
Asif Iqbal Naik

Early Times Report

Jammu, Mar 30: The Principal District and Sessions Judge Kishtwar Ms. Bala Jyoti today acquitted Rajinder Kumar son of Roop Chand resident of Hidyal Kishtwar who was accused rape, on the ground that prosecution had miserably failed to prove that the prosecutrix Anita Devi was ever raped by the accused under threat or coercion and fear and consequently became pregnant against her will despite the fact that she was a minor. The judge at the same time ordered for initiating proceedings against Prosecutrix under section 479-B Cr.P.C for deviating from her statements which she made under section 164-A Cr.P.C before the Judicial Magistrate. As per the details available with "Early Times" on the basis of complaint of father of prosecutrix, Kishtwar police lodge FIR No: 92/2008 at Police station Kishtwar on 18.06.2008 for the commission of offence under section 376 RPC as it was accused who beguiled his minor daughter and had sexual intimacy with her as a result of which she was impregnated and consequently delivered a baby . During investigation interalia statement of prosecutrix was recorded before the Judicial Magistrate under section 164-A Cr.P.C in which she deposed that she along with her family was living on rented accommodation of accused and the accused developed sexual intimacy with her as a result of which she became pregnant . After completion of investigation the challan was presented before CJM Kishtwar who committed it to the court of Sessions Judge Kishtwar were the accused was charged for the offence under section 376 RPC. In a trial of (04) Four years all the prosecution witnesses were examined and cross examined including prosecutrix , who made contradictory statement to her earlier statement which she made under section 164-A Cr.P.C before magistrate. In 5 pages judgment the Sessions judge opined that prosecutrix who made statement under section 164-A Cr.P.C had turned hostile which led to acquittal of the accused, adding that she was liable to be proceeded under section 479-B , Cr.P.C for misleading the investigation by making a statement on oath under section 164-A Cr.P.C and consequently retracting from her earlier statement by totally denying the same. She initiated separate proceedings against the prosecutrix.
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Session Court Kishtwar acquits rape accused, directs proceedings against prosecutrix
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