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| Court acquits accused facing trial in kidnapping, rape case | | Prosecutrix turns hostile | | Early Times Reporter
Jammu | Dec 4
2nd Additional Sessions Judge, Jammu, Mr. AK Koul acquitted the accused namely Ravinder Kumar, Bodh Raj and Vinod Kumar facing trial in a case of kidnapping and committing rape upon prosecutrix as the prosecutrix has not supported the prosecution story.
Mr Koul , after hearing APP appearing for the state and Adv RS Thakur appearing for the accused, observed that none of the charges have been proved against the accused that is so more particularly in view of the statement of prosecutrix, her recovery from the possession of accused Ravinder Kumar even if proved may not be of any help because no other ingredient of section 366-A/376 RPC has been established. Moreover the criminal intention is missing although there is a lot of evidence on record still the case fails because prosecutrix has not supported the allegations as such the case is dismissed and as such the accused is acquitted from the charges.
According to the prosecution case that father of the prosecutrix lodged a written report with Channi-Himmat Police that the prosecutrix had gone missing on the intervening night of July 3, 2005. It has been alleged in the complaint that prosecutrix forcibly was taken by Kala of friends colony along with other accused. A case was registered u/s 363/109 RPC. After the recovery of the prosecutrix case was converted u/s 366/376/109 RPC and after completion of the investigation challan was presented in the Court of law.
The prosecutrix in her statement before the Court submitted that she knows only Ravinder Kumar and she was not kidnapped but she went with him on her own to Uttar Pradesh and back to Punjab. They were located in a poultry farm at Haryana. She was with the accused with her own consent. She was declared hostile. In the cross-examination she mentioned her date of birth as April 3, 1987 and wanted to marry him. Police has not recorded her statement; she was not subject to any ill-treatment by any one. It was in fact she who compelled accused to accompany her. JNF |
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