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| Drop Scene of Newly Born Baby case | | Court acquitted accused as prosecutrix turned hostile | | Jammu, July, 27 :- In a much publicized newly born baby recovered from a filed at Kaluchak on February 18, 2006, the Gangyal Police after completion of the investigation presented Challan in the Court on April 20, 2006, which was decided within a three months. The Second Additional Sessions Judge Jammu dismissed the Challan presented by the Police and acquitted accused Romesh Lal.
According to the prosecution story that on February 18, 2006 a source report was received in Police Station Gangyal that a newly born baby wrapped in clothes has been found live in field at Kaluchak. Police recovered the baby and blood-stained and unstained soil was seized from the spot. Similar blood stained spots were noticed in the house of prosecutrix. It was found during investigation that the prosecutrix had given birth to the said child and had abandoned her immediately after birth. The investigation further reveals that prosecutrix was attending to her sister in the matrimonial home, the accused managed to have access on her and assaulted her sexually repeatedly, as a result of which the prosecutrix deliver a matured baby. The accused was found to have committed offence u/s 376 RPC and a case was registered and accused was arrested.
In the acquittal judgment Second Additional Sessions Jammu Mr. AK Koul took serious note of non-production of prosecution witnesses and the prosecutrix the star witness has turned hostile, the prosecution is miserably failed to connect the accused with the crime. After closing the prosecution evidence, Court has left no option to dismiss the Challan presented by the Police and accused is acquitted from the charges leveled against him. JNF
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