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| Court acquits rapist husband, his friend of gang rape charges | | |
Early Times Report
Jammu, May 11: Principal Sessions Judge BL Bhat acquitted Saif Ali and Mohd Sadiq of Village Tarah from the charges of Gang rape. Trial on charge of rape was in progress when defence counsel prayed that proceedings in case be scuttled as prosecutrix has declined to support prosecution version and continuation of trial may harm interest of prosecutrix as a married woman by jeopardizing her marriage with allegedly accused Saif Ali. BL Bhat observed that from perusal of record and after hearing defence counsel Pawan Kumar Maini and Public Prosecutor Shabir Ahmed, Court find that instant case is unusual and extra-ordinary in sense, principal accused Saif Ali is not only alleged to have committed rape with his wife but also abetted commission of rape with her by his friend and co-accused Mohd Sadiq. Allegedly on May 9, 2007 at night alleged accused Saif Ali brought alleged co-accused Mohd Sadiq to his house gagged mouth of prosecutrix and allowed his friend Mohd Sadiq to commit rape with her. It is alleged that thereafter accused Saif Ali took his turn and ravished prosecutrix. Accused were accordingly charged for offence u/s 376/109 RPC. From the spate of allegations, it transpires that it was allegedly a case of gang rape master minded by husband of victim. However, tables were turned on prosecution when prosecutrix made a volte face and declined to toe prosecution version. Prosecutrix deposed at the trial that accused Saif Ali was her husband whereas accused Mohd Sadiq was her brother-in-law. She had brawl with her husband and reported matter to her parents who convened a Panchyat but no settlement could be reached there. Thereafter, she approached police. Refusing to support the version of rape alleged in report attributed to her, prosecutrix maintained that she had only complained of a quarrel with accused and had not alleged gang raped against them.
Principal Sessions Judge BL Bhat while acquitting persons observed that prosecutrix had resiled from her version disclosed before police and magistrate. She is leaving happily with alleged accused Saif Ali. A child is set to have been born out the wedlock between the couple. Whatever be the reason behind resiling from prosecution version, prosecutrix's testimony has knocked the bottom of the prosecution case. With prosecutrix having turned hostile to prosecution there is no substantive evidence to substantiate the charge of rape. Evidence of remaining witnesses of prosecution if corroborative nature, Court is of the considered view that continuation of trial in the case would not only be an exercise in futility but may again drive a wedge between prosecutrix and her husband jeopardizing their marriage. With these observations Court acquitted both the accused from the charges leveled against them. JNF
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