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| Court acquits rape accused | | | early times report
Jammu, Aug 25 (JNF): Principal Sessions Judge Jammu Jang Bahadur Singh Jamwal today acquitted Narinder Paul Gupta facing trial in kidnapping and rape, as prosecution failed to established its case.
According to the police case that on April 7, 2009 accused is alleged to have kidnapped prosecutrix from Jammu to a place known as Bherthi in Himachal Pardesh with criminal intention of committing rape and ravished her repeatedly against her will and without her consent. Prosecutrix was recovered on May 23, 2009 from the house of one Lekh Raj at Bharthi H P where she was living with accused in a rented room. She was subjected to medical examination and thereafter restored to her parents. The accused was arrested in a case u/s 366/376 RPC and after completion of investigation presented challan in the Court of law.
The court after hearing both the sides observed that this was a clear case of elopement and not a case of kidnapping and rape. There is no evidence available on record that the statement of prosecutrix is sufficient to convict the accused, but the evidence is not reliable, convincing and cogent. Statement tendered by the prosecution witnesses is highly doubtful and always showing her consent to live around the accused wherever he wanted to take her. She did not show any force and did not disclose to any one even to co-passengers, is clear cut indicating that she is a consenting party. Thus, Court is not proper to rely upon the statement of the prosecutrix that she has been forcibly kidnapped and raped. Prosecution has not produced the lady doctor who examined the prosecutrix. No injury was detected nor any force has been shown by the prosecutrix in kidnapping and committing rape upon her. Even judicial notice is taken on note which Court taken that no such evidence for sexual intercourse forcibly is available. It is admittedly that the prosecutrix was a major woman and can resist the enticing of the accused on one pretext or the other. Thus, evidence of other marginal witnesses i.e. mother and father of the prosecutrix is also not inspiring confidence. The place from where recovery of prosecutrix was effected is on the road side where many houses were located. Prosecutrix says that she accompanied the accused upto Himachal Pradesh via Punjab and remained in a room there for about 45 days which means that prosecutrix had gone with her own consent.
Thus, this is not the case of kidnapping and there is no evidence to connect the accused with the commission of offence of rape. Court satisfied that the prosecution has failed to establish the case against the accused. With these observations Court dismissed the challan and acquitted the accused from the charges leveled against him. JNF |
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