Early Times Report
JAMMU, Aug 18: A Fast Track Court in Jammu has discharged an accused from the charge of rape after finding glaring contradictions in the prosecutrix's statements, while ordering that he face trial for lesser offences of molestation and use of criminal force.
The case arose from a complaint filed at Police Station Kanachack in July 2024, in which the prosecutrix alleged that the accused, Moti Lal, had grabbed her while she was plucking vegetables. She claimed he attempted to outrage her modesty but fled when locals rushed to the spot.
However, in a subsequent statement recorded under Section 183 of the BNSS, five days later, she alleged that the accused had inserted fingers into her private parts and even tried to kill her by gagging.
Presiding Officer Amarjeet Singh Langeh observed that the complete omission of rape allegations in the initial complaint, followed by their introduction days later, undermined the credibility of the accusation. The Court termed the version "not only weird but also profoundly preposterous," and held that no prima facie case of rape or attempt to rape was made out.
Consequently, the accused was discharged under Section 64 of the Bharatiya Nyaya Sanhita (BNS). The Court, however, found sufficient grounds to proceed under Sections 74, 296, and 351(2) of the BNS, relating to assault and molestation.
The matter has been transferred to the Chief Judicial Magistrate (CJM), Jammu, for framing of formal charges and further trial. The accused and prosecution have been directed to appear before the CJM on September 1, 2025. —(JNF) |
