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| Court acquits accused facing trial in abduction, rape case | | |
Early Times Report
Jammu, Mar 3- Principal Sessions Judge Jammu SS Sarangal today acquitted one Shiv Kumar resident of Shibri Tehsil Begusarai, Bihar from the charges of abduction and rape.
After hearing Public Prosecutor EA Tak appearing for the state and Advocate Mandeep Reen appearing for the accused, Principal Sessions Judge referred the statement of the witnesses and the statement of the prosecutrix and observed that it was natural when prosecutrix was abducted forcibly by the accused, she must has raised alarm and called the people for her help who were around her at that time. As such she did not call even Geeta Devi who was with her at the hospital. The aspect of the story also shows that she was willing to go with the accused otherwise she would have resisted her abduction as she was young lady and could have raised alarm at Gandhi Nagar Jammu as well as Delhi where she was carried from Jammu. Court further observed that it is very strange that prosecutrix was kidnapped on March 5, 2004 and as per the police she was recovered on March 22, 2005 but she did not register her case against the accused which is unbelievable. According to the x-Ray report the prosecutrix was more than 22 years and she was adult lady and not the minor, there is no other document available on the file to contradict the opinion of the doctor. With these observations court acquitted the accused as the prosecution has not been able to prove the guilt of the accused beyond any reasonable shadow of doubt. JNF
According to the prosecution story on March 5, 2004 father of the prosecutrix lodged a missing report with Police Station Gandhi Nagar alleging therein that her daughter has gone to hospital Gandhi Nagar for check-up along with Geeta Devi, Geeta Devi came back and narrated that prosecutrix was missing from the hospital. On May 10, 2004 the father of prosecutrix again approached the police and stated that he had searched for her daughter and came to know that one Shiv Kumar has abducted his daughter and took her to Bihar. On this police lodged a case u/s 366 RPC and started investigation. During the course of investigation prosecutrix was recovered on March 22, 2005 from Railway Station near booking office from the possession of Shiv Kumar accused. The police medically examined the prosecutrix from Government Hospital Gandhi Nagar and offence u/s 376 RPC was added. After completion of investigation presented challan in the court. JNF
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