Excelsior Correspondent
JAMMU, Jan 3: 3rd Additional Sessions Judge Jammu (Fast Track Court), Sanjeev Gupta has acquitted three accused namely Shabir Ahmed, son of Ghulam Hussain of Surankote, Romesh Sharma, son of Kaka Ram of Jindrah and Mohd Ashraf, son of Mohd Abdullah of Kupwara, who were allegedly involved in the much publicized Gulshan Ground rape case of 2008 as prosecution miserably failed to prove the offence.
After hearing APP for the State and Advocate A K Sawhney with Advocates Aseem Sawhney, Prince Khanna and Advocate Sarfaraz for accused persons, Fast Track Court observed, “the testimony of the prosecutrix reveals that she has not been consistent while deposing in the court as such she cannot be said to be a reliable witness”.
“While lodging the FIR, the prosecutrix had made allegation that she was subjected to rape by Shabir Ahmed whereas other two accused made an attempt to commit forcible sexual intercourse with her but in the cross-examination she has categorically stated that accused had not raped her because they are not known to her”.
“The father of the prosecutrix has also not supported the prosecution case and was declared hostile witness. Nothing was elicited from his cross examination to show even remotely that accused were involved in the crime”, the court said, adding “it becomes crystal clear that due to the inconsistent stand taken by the prosecutrix while deposing before the court, her testimony becomes highly doubtful. Conduct of the prosecutrix in blowing hot and cold at the same time makes it difficult to rely on the statement and that being so, the accused must get the benefit of doubt because even other evidence collected by the prosecution does not corroborate her story”.
“In view of the factual discussion, it becomes clear that prosecution has miserably failed to prove its case against the accused beyond a shadow of doubt”, the court said while acquitting the accused.
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