2 acquitted in rape case, perjury proceedings against prosecutrix

Excelsior Correspondent
JAMMU, Dec 31: In a rarest of the rare case, Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted two accused namely Zuffer Iqbal and Mohd Mustafa, who were facing trial in rape case as the prosecutrix lodged false complaint. The court initiated perjury proceedings against prosecutrix.
After hearing both the sides, Principal Sessions Judge observed, “when the prosecutrix has given clean chit to the accused persons, it would be a futile exercise to ask the prosecution to lead further evidence because no amount of the evidence of the prosecution would reconstruct the prosecution structure demolished by the prosecutrix herself”.
With these observations, court acquitted the accused persons. However, court observed, “prosecutrix has willfully and deliberately made a false statement before this court to screen the accused from the punishment. The prosecutrix has made one statement on oath before the Magistrate and also before this court but when appeared against the trial completely denied the same”.
“The change of version of her statement amounts to commission of perjury punishable under Section 479-B CrPC. Such trend by the witnesses making false statements and committing perjury requires to be dealt with heavy hands”, the court said and directed that separate proceedings shall be initiated against the prosecutrix.