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| 2 prosecutrix convicted for perjury | | | EARLY TIMES REPORT
Jammu, June 7: Principal Sessions Judge Ramban today convicted two prosecutrix facing trial in a case FIR 38/2009 U/Ss 342/376 RPC P/S Banihal for the commission of offence of perjury U/S 479-B Cr PC for their having resided from their previous statements recorded U/S 164-A Cr PC during the course of investigation.
Both the prosecutrix identified namely as Hanifa W/o Farooq Ahmed and Rubina D/o Gh Nabi Naik, both R/o village Thachi Tehsil Banihal Distt Ramban have been sentenced to imprisonment of three months and fine of Rs. 5000/- each. "In default of payment of fine, the defaulting convicts shall further undergo imprisonment for a period of 22 days, the court added.
According to the police case, that a case U/Ss 342/376 RPC came to be registered at P/S Banihal on 20-02-2009 vide FIR 38/2009 when one Farooq Ahmed, husband of convict Hanifa Begum, lodged a written application at P/S Banihal alleging therein that his wife and niece, convict Rubina, had gone to Banihal market on 19-02-2009 from village Thachi Banihal wherefrom they were enticed away by two persons, namely, Mohd Ibrahim (a surrendered militant) and Mohd Iqbal (a School Teacher), to their residence at Banihal and committed rape on them throughout night and on next day at 2 PM, both the ladies, on returning to home, narrated the incident to him.
During investigation, the statements of both the above mentioned ladies were recorded U/S 164-A Cr PC before judicial Magistrate 1st Class Banihal on 21-02-2009. In their statements, both Hanifa Begum and Rubina had made incriminating statements viz-a-viz there ravishing by Mohd Ibrahim and Mohd Iqbal. On the basis of their statements and those of the other PWs, the case was challaned in the Court of Judicial Magistrate Banihal who committed the case to Sessions Court Ramban.
However, during the trial of the case, both the prosecutrix took a U-turn and completely retracted from their statements recorded U/S 164-A Cr PC. Resultantly, both the accused, namely, Mohd Ibrahim and Mohd Iqbal, of case FIR 37/2009 P/S Banihal were acquitted by the Sessions Court Ramban. Taking a serious note of the conduct of totally resiling from their previous statements recorded U/S 164-A Cr PC, the Ld. Sessions Judge Ramban took a suo-moto cognizance in the matter, and started proceedings in terms of Section 479-B, Cr PC against both the prosecurix, who were called upon to show cause as to why they should not be punished for giving false evidence. On their failing to furnish any plausible explanation with regard to their resiling from their previous statements, both Hanifa Begum and Rubina were convicted U/S 479-B Cr PC by the Court for the commission of perjury and sentenced as stated earlier.
The Court further observed that such a practice on the part of the witnesses required to be dealt with a heavy hand so that nobody could pollute the pure stream of justice. |
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