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| Court acquits 3 accused after 12 yrs of investigation in alleged gang-rape | | | Early Times Reporter
Jammu | Apr 23
Principal Sessions Judge Jammu Mr. JR Kotwal acquitted Ashok Kumar, Satpal and Sarban r/o Village Chakroi Tehsil RS Pura who were facing trail and investigation in an alleged gang-rape from 1996 as the prosecution failed to prove the charge against the accused persons.
According to prosecution case on August 21, 1996 prosecutrix lodged information at P/S RS Pura that when she came out in the street to find out about her husband, who had gone in the fields. Ashok Kumar, Sat Pal and Sarban caught hold of her and took her forcibly to the house of Ashok Kumar and confined her in a room and committed rape with her forcibly one after the other. A case u/s 376/323/342/34 RPC was registered and after completion of the investigation challan was presented in the Court.
Principal Sessions Judge, after hearing both sides and referred the judgment of High Court “ in which the High Court has cautioned that when a married woman is found in a compromising position in the company of person who is not her husband, she can make false allegation against such person to protect her honour”. The Court observed that having been found by her husband in the company of accused in close room of the house of one of them, the allegation of rape against them can well be taken as a natural reaction of the prosecutrix to save her honour to which not much weightage can be given. Allegation of the prosecutrix is against probability factor as well. In this contest it is to be noted that as per prosecutrix, daughter of accused Ashok Kumar was present in the other room of the house. It is in the evidence that number of the people had gathered in the street. Prosecutrix says that accused had detained her in the room for about hours. The allegation of the rape in the considered view of the Court does not fit in such a setting of surrounding circumstances. The statement of the prosecutrix does not inspire confidence is in not in tune with probability factor, commission of an act of forcible sexual intercourse with a woman in the broad day light, it would not be safe to rely upon her statement and hold it sufficient to prove commission of forcible sexual intercourse amounting to the offence of rape by the accused persons with the prosecutrix and held that evidence led by prosecution failed to prove the charges against the accused persons and hold them not guilty. With these observations court acquitted the accused and discharged their bail bond. JNF |
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