Excelsior Correspondent
JAMMU, Apr 6: Presiding Officer Fast Track Court Jammu Khalil Choudhary has acquitted the accused booked for kidnapping and rape of a girl as the prosecution evidence was not definite, positive consistent and coherent.
The accused namely Mushtaq Ahmed, son of Abdul Gani of Anantnag was booked by Police Station Domana under Sections 363 and 376 RPC Kashmir on the complaint of Fetha Mohd, son of Noor Alam of Chinore.
“It is well settled that in the case of alleged kidnapping and rape, court can relied upon the incorporated testimony of the prosecutrix to base the conviction of the accused therein if such a testimony is found capable of implicit faith being reposed therein”, the Presiding Officer said, adding “assurance short of corroboration to the testimony of the prosecution by proof of circumstances relating to her pre and post occurrence conduct would suffice”.
“In the instant case the prosecutrix stated before the court that she was grazing goats near her house, accused came there in a light vehicle and gagged her mouth with a piece of cloth (handkerchief) and kidnapped her and thereafter they moving in the busy market of the Jammu City from 4:00 pm to 6:30 pm. Thereafter, deboarded from the light vehicle and boarded in a commercial auto and went to the hotel and stayed there for night where the accused committed rape with her”, the court said, adding “thereafter, on the next morning, they both proceeded towards Shimla and caught by the police at Railway Station Jammu”.
“Her conduct as noticed in her deposition brings it to fore that despite visiting public places like residential area of Durga Nagar, crossed the police station Janipur Jammu, busy market of Janipur to Amphalla road, moving in the busy market of Jammu city later on passing through the bus stand where the police station Bus stand was also located and reached the hotel and after coming in contact with so many people, she never protested, raised alarm screamed or tried to put on resistance when admittedly the accused was not armed and could not have executed any threat as alleged by her”, the Presiding Officer said, adding “I am of the considered opinion that this is a case of elopement of prosecutrix having attained the age of discretion that went with the accused of her own accord and had consensual sex with him voluntarily”.
“On cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence”, the court said, adding “the evidence of witnesses is not corroborative leaving doubt in the prosecution case”.
“Thus prosecution case fails and accused is accordingly acquitted of the charges leveled against him. He is ordered to be released forthwith”, the court said.
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