Prosecution failure leads to acquittal in kidnapping, rape case

Excelsior Correspondent
JAMMU, Mar 11: Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted Ishfaq-Ul-Rehman, his father Mohd Zaman and mother Rashida Bi, who were facing trial in kidnapping and rape case as prosecution failed to prove its case.
According to the police case, on May 3, 2009, the complainant (constable) found his wife missing from his house at Sanai and lodged report with Police Station Poonch. During the course of investigation it came to fore that Ishfaq-Ul-Rehman in convenience with other accused persons kidnapped the wife of complainant and kept her at Jammu and Punjab for more than one month where Ishfaq committed rape upon her. After completion of investigation, challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “it is clear that the behaviour of the prosecutrix, as reflected from her testimony, appears to be quite strange. She could have raised alarm when she was taken to Jammu and then Punjab in the passenger vehicles”.
“On these facts a view is reasonably possible that the prosecutrix went along with the accused and had sex with him with her own consent and was not a case of forcible act on part of the accused”, the court said.
With these observations, Court acquitted the accused of the charges as the prosecution failed to prove its case.