Excelsior Correspondent
JAMMU, Sept 8: A Fast Track Court here acquitted two real brothers of charges leveled against them for offence under Sections 366/376/ 382/342/ 170/34 of RPC wherein a case against the duo was registered at Police Station Gandhi Nagar in FIR Number 211/2010.
The accused Mukat Singh alias Sunny and Sangeet Singh alias Songi-both sons of S. Gian Singh and both residents of R.S Pura presently at Gulshan Ground Jammu were arrested by police after a complaint was lodged against them by a girl from Chandigarh that the duo has raped her.
After completion of the investigation the chargesheet was presented before the court of CJM Jammu on October 27, 2010 which ultimately was transferred to Fast Track Court for rape cases.
After noting arguments of both sides and after analyzing the statements of witnesses, the Presiding Officer (Judge) at Fast Track Court Jammu, Khalil Choudhary noted that there is no concrete evidence on record connecting the accused with the commission of offence.
The Presiding Officer stated that he was unhesitant to record that prosecution evidence cannot be said to definite, positive, consistent and coherent so far as the case against the accused is concerned.
“Here it is pertinent to note that it is not part of the duty of the accused to show as to why a false allegation has been leveled against them and why particular witnesses have deposed against them but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt,” he maintained adding: “It is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof.”
The Judge further said that suspicion however grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion.
“Thus, prosecution case fails and accused are accordingly acquitted of the charges leveled against them,” he continued.
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