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| ASI acquitted from kidnapping, rape charges | | | EARLY TIMES REPORT
Jammu, Jan 31- Dismissing a case of kidnapping and rape against the then ASI Rajinder Singh, Principal Sessions Judge Jammu BL Bhat observed that evidence on record does not implicate the accused for the crime alleged against him and acquitted him from the charges .
After hearing Public Prosecutor Shabir Ahmed for the state and Advocate SDS Saini appearing for the accused, the Judge observed that the prosecutrix has not supported the prosecution version and projected a story that is not palatable. She feigns ignorance in respect of being subject to sexual assault, which is hardly digestible. It is hardly believable that a woman being taken by a stranger to a place not being her home would not be aware of sexual assault made upon her. This implies that she has not been coming clean which may suggest either that she was a consenting party to the sexual sojourn are that she charge was not wedded to truth. The case lacks substantive evidence. Husband and children of prosecutrix too have declined to support the prosecution version. Thus the case is shorn of substantive as also corroborative evidence. The other witnesses who are yet to be examined at the trial are not expected to improve the fate of the case, giving the nature of evidence tendered by the prosecutrix and her family at the trial.
While dismissing the police case the Judge further observed that in view of this development at the trial it is futile to insist upon prosecution of remaining evidence comprising witnesses connected with recovery, investigation and medical opinion. It is pertinent to mention that the medical opinion rules out evidence of recent intercourse as on April 6, 2006. Thus on consideration of evidence brought on record, Court is satisfied that this is a fit case to scuttle the proceedings at this stage. Evidence for prosecution is closed and case is accordingly dismissed, the Court ordered.
According to prosecution case the accused is alleged to have abducted a married woman forcibly and carried her in an auto to his rental accommodation at Dogra Hall and raped her continuously for three days before she was recovered by the police. A case u/s 366/376 RPC was registered against Rajinder Singh and after completion of the investigation challan was presented in the Court of law. JNF
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