news details |
|
|
| 3 get acquittal in abduction, rape charges | | |
Jammu, Oct 07: Principal Sessions Judge Jammu Subhash Chander Gupta has acquitted three persons who were facing charges for abduction and rape of a girl.
Passing the judgment in case titled State V/s Kamal Kishore and others the court observed that in view of the statement of the girl that she married accused Kamal Kishore out of he own will and against the wishes of her parents the, the prosecution has miserably failed to connect the accused with the commission of offence with which the accused have been charged. As such the accused are acquitted of the offences charged against them, the court observed further.
After hearing EA Tak Public Prosecutor and Rajiv K Sharma and Sabil Mirza, advocates appearing the court directed the acquittal of the accused owing to the failure of the prosecution to prove the allegations leveled against the accused, sources told News Agency of Kashmir.
As per the challan, FIR and statements of the witnesses recorded under Section 161 CrPC Tanu Jain D/O Vinod Kumar Jain R/O Gandhi Nagar, Jammu had gone to Gandhi Nagar Market on the evening of 17-7-2004 from where the accused abducted her and took her to Dharan Shala District Rajouri from where the police had recovered her on 2-8-2004.
During the period from her abduction and recover the accused was alleged to have raped the victim several times. The allegations against the other accused, Vikas Sharma and Soinia Devi were that they abetted in the abduction of the prosecutrix Tanu Jain.
Accused Kamal Kishore was charged for the commission of offence under Section 366, 376 RPC whereas the rest of the accused were charged for commission of offence under Section 366, 376, 109 RPC.
The principal witness of the prosecution Tanu Jain aged 22 years at the time of recording her statement on 14-10-2005 specifically stated in her statement that she has married Kamal Kishore, accused No.1 out of her free will and she was not abducted by Kamal Kishore or by any other accused present in the Court.
Though the witness was declared hostile, prosecution remained handicapped in eliciting anything favorable to it from this witness despite grilling of this witness by the prosecution. Rather on declaring hostile she has stated that she married in Arya Samaj on 16-10-2004 with the No.1 and had the photographs of the marriage with her.
The other important witness Vinod Kumar Jain, father of the prosecutrix Tanu Jain, too has stated that his daughter has married Kamal Kishore with her free will. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
