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| Court acquits rape accused | | | Early Times Report
Jammu, Jan 30: Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today acquitted Kuldeep Raj Soodi s/o Moti Ram r/o Ward No 7 Bishnah in rape and kidnapping case as the prosecution miserably failed to prove the case.
According to the police on May 2, 2007, a missing report was lodged with the police by the husband of prosecutrix that on April 23, 2007, his wife had gone outside in connection with her domestic work and has not returned back. It is suspected that Kuldeep Raj may have abducted her. On the basis of this report, the police registered the case U/S 366 RPC and commenced the investigation thereupon. During the course of investigation, the facts emanated are that on April 23, 2007 at 4.00 PM, the prosecutrix had gone to Bishnah in connection with domestic work and did not return back. Despite a search made in the houses of all the relatives, the complainant learnt that Kuldeep Raj Sodi has enticed his wife and has kidnapped her. Police thereafter recorded the statements of various prosecution witnesses, recovered the prosecutrix, reinstated to her husband and the investigation finally culminated into presentment of the challan against the accused U/Ss 366/376 RPC.
While acquitting the accused , the Court observed that the prosecutrix is a married woman having three children, traveled with the accused from Jammu to Digiana, from Digiana to Agra, stayed there for three months, has been interacting with the people there and was living in the house where the house was occupied by other tenants of the landlord, she has been stitching clothes of the neighbors, from where she boarded the bus along with accused to Dera Baba Lal and for two days she also stayed in Chichi Mata Mandir and reported home after two days thereafter is a clear cut indication that the prosecutrix went to the places one after the other without making any noise despite she could speak to anybody including the police personnel she met in the way. At a no stretch of time, it can be presumed that the accused was instrumental in kidnapping the prosecutrix and take away her. The statement of the Dr. Veena Chib seeks significance when she has categorically stated that the lady is habitual to intercourse and there is no evidence of recent sexual intercourse. Anil Kumar, who is son of the prosecutrix, turned hostile and did not support the prosecution story. Swarn Lal and Posha Ram may have caught both the accused and prosecutrix together but that does not constitute the offence that the accused had kidnapped the prosecutrix. Court satisfied that the evidence tendered by various prosecution witnesses does not inspire confidence and the same is rejected. The prosecution has miserably failed to bring the guilt of the accused to home. Accordingly, the challan of the prosecution fails and the same is dismissed and acquitted the accused.
(---JNF) |
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