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| Accused acquitted in rape and abduction charge for lack of evidence | | | Early Times Report
JAMMU, Feb 21: 1st Additional Sessions Judge (Fast Track), Court Baramulla, Amarjeet Singh Langeh, acquitted one Mushtaq Ahmad Khan S/O Sonaullah Khan R/O Sherpora for the offences punishable under Sections 366 (Abduction) and 376 (Rape) of RPC in case titled State v. Mushtaq Ahmad Khan. As per police case, a complaint was lodged by husband of prosecutrix on 26.03.2010 in writing with police station Kreeri, alleging therein that while prosecutrix had gone to her kitchen garden on 25.03.2010 and did not return till late night and when despite search she could not be traced, her husband lodged complaint with police station that accused showed green pastures to her and abducted her in order to ravish her sexually. According to complainant/husband, his wife (prosecutrix), aged about 32 years at the time of occurrence. Accordingly, a case under FIR No. 15/2010 for offences under Sections 366 & 376 of RPC was registered and investigation started. After hearing both sides, court said, "there is no denying the fact that a victim/prosecutrix in case involving offences like abduction and sexual assault - is a star prosecution witness. Her testimony therefore, is of immense significance for evaluating the truthfulness of prosecution case." Adding, "in the case in hand the account of occurrence put forth by prosecutrix is incoherent, improbable, not prudent and of poor quality." "A married lady could not be enticed by being shown green pastures and abducted - unless she is complicit and culpable that too when she deposes that accused and she used to walk around market during day time in Jammu and changed three vehicles from Baramulla to Jammu." Court further held. Maintaining that failure of prosecution to examine two investigating officers in the case is fatal to prosecution case - court further held that only the two investigating officers could have offered plausible explanation qua glaring contradictions emerging out of testimony of prosecution witnesses. "Having regard to the broader probabilities of the case ad considering the inconsistent and improbable account of occurrence narrated by prosecutrix, which has only doused credibility of her version, it is held that prosecution case is cock and bull story and noose of conviction therefore, cannot be hurled around accused." Further, observed the court and dismissed the challan. —JNF |
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