news details |
|
|
| Court discharged accused involved in kidnapping | | |
Early Times Report
Jammu, Mar 19: Principal Sessions Judge Jammu BL Bhat has discharged Zahir Abbas allegedly involved in kidnapping a girl of minority community on the basis of alleged blackmailing the girl on the pretext of some photographs in his possession and was recovered after 55 days from railway station area at the stage of framing of charge.
In the discharge order, Court observed that in the presently it appears that the prosecutrix was a major aged 23 years at the time of alleged occurrence. The statement of prosecutrix u/s 164-A CrPC reveals that the prosecutrix had some liaison with the accused holding custody of her photographs. It was alleged that accused sought her consent for giving company to him and since she feared that the accused might blackmail her, she accompanied him to Goa from where she was brought back. She did not want to have any further contact with the accused. It is in her statement that accused was her friend and there was no other relationship between them. She has not leveled allegations of rape against the accused.
It is clearly deducible from her statement record before the Court on November 21, 2008 that the accused was her friend and she joined the accused and went on sojourn with him to Goa not by use of force but because she feared blackmailing due to photographs lying in the custody of accused. It is emphatically clear that not withstanding her denial she was having friendship with the accused possession of her photographs in the custody of accused, if true permit of no other interpretation. Admittedly she was a major not suffering legal disqualification to accord consent to elopement or even physical relationship.
The nature of the friendship which the accused enjoyed with the prosecutrix both have lived together for around 55 days and as per the medical report no recent rape.
The only conclusion from the statement of prosecutrix is that the prosecutrix was not the victim of forcible abduction or having been forced to go with accused. She was voluntary participant in her sojourn with allegedly accused, traveling in public transport and going to various destinations without making any complaint against the accused. With these observations Court discharged the accused at the stage of framing charge. ---JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
