Prosecution failure leads to acquittal of accused in rape case

Excelsior Correspondent
JAMMU, Feb 8: Principal Sessions Judge Bahderwah M K Sharma has acquitted Amresh Kumar, son of Prem Lal and his mother Prem Dai alias Subhnoo Devi, residents of Gandoh, who were facing trial for the last six years in a rape case.
According to the police case, Amresh Kumar was betrothed to the prosecutrix and under the pretext of proposed marriage, he had sexual intercourse with the prosecutrix several times and impregnated her. Thereafter, the parents of the accused refused to conduct marriage of their son with the prosecutrix. On October 26, 2006, the prosecutrix filed a written complaint against the accused persons before the Munsiff and on the direction of Court, police registered a case. After completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge Bhaderwah M K Sharma observed, “in the instant case the prosecutrix is major and the act of sexual intercourse between the prosecutrix and the accused is consensual. There is nothing on record to suggest that the accused had dishonest intention not to marry the prosecutrix from the day they were allegedly engaged and the consent of the prosecutrix for sexual intercourse was in the pretext of her proposed marriage with the accused”.
“Court is of the opinion that the evidence collected by the prosecution is not sufficient and satisfactory to convict the accused for the charges framed against them”, Principal Sessions Judge said. With these observations, court acquitted the accused.