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| HC acquits rape accused | | | Early Times Report
Jammu, June 7: Giving benefit of doubt to a rape accused, the high court today acquitted him of charges under section 452/376 RPC. The accused had been awarded rigorous imprisonment of thirteen years and fine to the tune of Rs 6000 by the trial court.
The accused Yog Raj was found guilty by the trial court and awarded 13-year imprisonment and fine to the tune of RS 6000 accordingly. However, the accused challenged the decision of the trial court. Justice Muhammad Yaqoub acquitted the accused of all charges giving him benefit of doubt.
According to the police case, the prosecutrix had been residing with her husband for the last one and half year as on the date of occurrence at Darshni Gate Katra where her husband owns a shop in the ground floor and a living room on the first floor. On December 8, 2001 when she went upstairs from the shop to prepare meals, accused Yog Raj entered and bolted door from inside, caught hold of her and committed rape on her.
After committing the rape when accused came out of the room, the mother of the prosecutrix and others were present outside but he managed escape. The mother of the prosecutrix also used to live there in the town but since the husband of the prosecutrix had gone to Delhi in connection with purchase of goods for the shop, she had come to live with her daughter. Matter was reported to the police; a case was registered and after completion of investigation challan was presented in the trial court.
In a statement u/s 342 CrPC, the accused has denied involvement in the crime and said that in fact he was working on photographers shop located in front of shop of prosecutrix and prosecutrix and her husband at times used to tell him to work with them which he refused. He said he was implicated in the case. The trial court, however, found him guilty and awarded thirteen years RI u/s 452 and 376 RPC which was challenged by the accused in a criminal appeal filed through Adv OP Thakur.
Justice Mohd Yaqoob Mir while acquitting the accused observed that the trial court has not appreciated the evidence in its right perspectives. The mis-appreciation of the evidence relatable to the inconsistency between the medical evidence and testimony of the prosecutrix is grave; in such circumstances normally human conduct must appear to be such which would inspire confidence to hold that the accused by all standards has been proved to have committed the offence. When there are no marks of violence on any part of the body, non-resistance can be the only conclusion inferable. The prosecutrix has been medically examined on the day of occurrence. The opinion of the doctor that on physical examination no definite opinion could be given regarding recent intercourse casts a serious doubt about the actual occurrence and renders the testimony of the prosecutrix doubtful. Court further observed that the position of doubt is compounded by circumstances as is inferable either the prosecutrix has been a consenting party and having found her mother coming made the accused run away. It is possible that there was intercourse at all. In view of the medical evidence and opinion of the doctor that no definite opinion about recent intercourse could be made go in favour of the accused. Non production of the investigating officer as a witness has also left the occurrence in the region of reasonable doubt. It would be absolutely unsafe to uphold the conviction. The judgment recording conviction and sentence in view of doubtful position of the case is unsustainable. Accused is awarded benefit of doubt, so is acquitted, he shall be released forthwith provided he is not required in any other case. (JNF)
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