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| Court discharge accused from attempt to rape case | | | Early Times Report
JAMMU, Dec 3: Additional Sessions Judge Baramulla Amarjeet Singh Langeh discharged Showkat Ahmad Lone from the charges of attempt to rape case.
According to the police case that the complainant/prosecutrix lodged written complaint with police station Kreeri on 23.06.2023, alleging therein that while accused is a carpenter by profession and he had worked in her house, one and a half year back and he often used to come to her husband; that few days back her husband asked him (accused) to conduct measurement of tiles, where-after on 23.06.2023, accused came to her house and demanded measuring tape (Feetha), upon which she sent her minor child to a neighbour to bring the same and in the meantime, accused caught hold of her arms, kissed and hugged her and also attempted to commit rape on her, as a result of which she raised hue and cry and somehow managed to escape from clutches of accused and in the meanwhile a lady from neighbourhood came after hearing noise and accused fled. Had the neighbour not arrived, accused would have committed rape on her, etc, etc. On receipt of this complaint, FIR No. 72/2023 for offences under section 376/511 & 323 IPC was registered and investigation started.
Additional Sessions Judge Baramulla Amarjeet Singh Langeh after hearing both the sides observed that there is no medical evidence which could even distantly lead prima facie credence to prosecution case in so far as offence under Section 376/511 of IPC is concerned. Absence of necessary logistical evidence to prima facie establish commission of offence for attempt to rape, therefore, has to inevitably result in discharge of accused for said offence. On sheer guess assertion of prosecutrix that but for intervention of a neighbour lady, accused might have attempted to commit rape on her, Court is afraid, accused cannot be charged for offence of attempt to rape on facts of this case.
For all what is said herein-above, Court is of the considered opinion that no case for framing charge against accused under Section 376/511 of IPC is made out and accordingly accused is discharged for the same. However, there is prima facie evidence available on record showcasing involvement of accused in the commission of offences under Sections 323 (voluntarily causing hurt) & 354 (outraging modesty of women) of IPC. Both these offences are triable by learned Judicial Magistrate Ist Class. Accordingly, it directed that case be sent to Judicial Magistrate First Class (Sub Judge), Pattan for framing charges against accused under Section 323 & 354 of IPC and thereafter to proceed ahead in the matter in accordance with law, Court said.
—JNF |
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