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| Court acquitted three accused | | Gang rape with minor | | Early Times Report
Jammu, Apr 20 : Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal acquitted Deepak Sharma @ Vishu and Pawan Kumar both residents of Jawahar Nagar, New Plot, Jammu and Ajay Khajuria R/o Shakti Nagar Jammu who were facing trial in a gang rape with a minor girl of student of class 8th According to the police case mother of the prosecutrix having prayed before the police and made an oral report stating there in that her daughter has gone missing w.e.f. December 4, 2007. Despite a strenuous search was made, she was not traceable. She has further stated that her daughter was studying in VivekaNanda Model Academy in 8th class. The complainant had gone to Pathankot and on her return found the prosecutrix missing when she had gone out for making a domestic search. On the basis of this report, the police registered the case and started the investigation which ultimately culminated into the presentment of the present challan on the facts emanating that the accused having joined together took the prosecutrix in a room in Gangyal and thereafter they committed rape on her one after the other. She was again changed the place in maruti car No. JK02P-9657 and the prosecutrix being minor was gang raped.
The prosecutrix was recovered and was subjected to medical examination. The medical examination was negative as no spermatozoa or any kind of recent sexual intercourse was found. The radiologist age of the prsoecutrix came to be 13-14 years. While acquitting the accused persons, Principal Sessions Judge Jang Bhadur Singh Jamwal after hearing Public Prosecutor, Shabir Choudhary for the state whereas advocate Anil Bargotra for the accused persons, observed that the statement of the prosecutrix is damaging and has declined to support the prosecution version. The relevant evidence is of the prosecutrix, she denied the prosecution story and she being the aggrieved person has to be relied upon. Scanning of her further evidence and other witnesses at the trial has emanated that there is no nexus of the accused with the commissioning of the offence has proved against the accused. Court is satisfied that there is no evidence connecting the accused with the commission of offence. The challan fails and the same is dismissed and acquitted the accused persons from the charges leveled against them. (JNF) |
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