EARLY TIMES REPORT
JAMMU, Jan 16 : 3rd Additional Sessions Judge Jammu Subash Gupta acquitted all the accused facing trial in much publicized Durga Nagar Sex Scandal case.
3rd Additional Sessions Judge Jammu Subash Gupta after hearing both the sides in length observed that in the matter as involved in the present case, initially, at the time of lodging of the report, prosecutrix made allegations of committing of rape by some unknown persons at the behest of the accused – Santosh Devi. This version, she appears to have reiterated, in the course of investigation, while, get recording of her statement in terms of section 164-A of Code of Criminal Procedure. She has not disclosed the identities of those unknown persons by facial or body structures complexions, heights, colors etc. or otherwise by specific and particular mark of identification as she found, while, her travel, stay and committing of alleged sexual intercourse with her by them. I have already pointed out while appreciating the evidence of the prosecutrix that she has behaved in unnatural & unusual manner by not informing the neighborers and the people living in the vicinity, despite having sufficient opportunity available to her in this regard during her stay in the house of the accused- Santosh Devi or otherwise at the relevant time of taking her outside from that house for the purpose of subjecting her to alleged undesired and unwanted sexual intercourse. Similarly, her conduct becomes doubtful as she has not raised any alarm or hue and cry, during her travel, stay and committing of sexual intercourse with her to various places, Hotels, Huts, Houses etc. Had, she not consenting party to such travel, stay and committing of sexual intercourse with her as alleged by her by different persons much less by the accused, she would have not behaved in the manner as referred herein before. It has not been explained by the prosecutrix as to why she has not availed the assistance of police at Lakhanpur & other police barriers. There is no any iota of whisper in her testimony before the court that she was subjected to any kind of fear much less threat of life from any quarter much less from the accused. It appears that on consideration and appreciation of the evidence of the prosecutrix Their Lordships have drawn a legal inference that her version has stand proved in all material particulars. It was further Their Lordships observation that it is supported by the other prosecution evidence. Minor discrepancies existing in the prosecution version can safely be ignored. However, in the present matter I have already pointed out major contradictions, improvements & exaggerations, while, appreciating evidence of the prosecutrix and drawn a legal conclusion that it does not inspire confidence in the judicial mind of this court. It was further found that it is incredible, untrustworthy and unreliable piece of evidence. It was also my observation on comparison of her verbal version with other relevant evidence led by the prosecution that it is based on her own imaginations, conjectures, surmises etc. Accordingly, it is being held that the citations referred by the prosecution is based on different footings viz-a-viz factual and legal matrix of the present case. Hence, those citations have no applicability to the legal conclusion and inference as drawn by this court with regard to evidence of the prosecution, in the instant case. In view of the matter, Court is of the certain opinion that the version of the prosecutrix, in the instant matter is full of major contradictions and discrepancies, touching the vitality of the prosecution case. Furthermore, her testimony appears to be built up on her own imagination, conjectures and surmises. Hence, cannot it cannot be believed or otherwise relied upon as a credible and trustworthy piece of evidence. I am unhesitant to draw a further legal inference that it does not inspire confidence in the judicial conscious of this court.
Court after hearing Sr Adv Sunil Sethi, Advocates RK Kotwal, Mandeep Singh, Vaibhav Gupta, Anil Balgotra, Satinder Gupta, Dinesh Verma, Vikas Sharma and Sameer Pandita acquitted Ashish Abrol, Pardeep Lahoria, Jasvinder Singh @ Tatu , Pawan Gupta, Raman Gupta, Deepak Gupta, Surjeet Singh @ Sonu, Saroja Devi, Santosh Devi, Kanav Suri and Nitesh Sharma from the charges leveled against them.
--(JNF)
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