Excelsior Correspondent
JAMMU, Aug 25: Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal today acquitted Narinder Paul Gupta facing trial in kidnapping and rape, as prosecution failed to establish its case.
According to the police case, on April 7, 2009 accused allegedly kidnapped prosecutrix from Jammu to a place known as Bherthi in Himachal Pardesh where he committed rape repeatedly. The prosecutrix was recovered on May 23, 2009 from the house of one Lekh Raj at Bharthi HP where she was living with accused in a rented room. She was subjected to medical examination and thereafter restored to her parents. The accused was arrested and after completion of investigation, challan was presented in the Court of law.
After hearing both the sides, Principal Sessions Judge, Jang Bahadur Singh Jamwal observed, “this is a clear cut case of elopement and not a case of kidnapping and rape. There is no evidence available on record that the statement of prosecutrix is sufficient to convict the accused”, adding “the prosecutrix seems to be a consenting party as she did not disclose to anyone even to co-passengers while traveling from Jammu to Himachal Pradesh”.
“Prosecution has not produced the lady doctor, who examined the prosecutrix. No injury was detected nor any force has been shown by the prosecutrix in kidnapping and rape upon her”, the Court said, adding “this is not the case of kidnapping. There is no evidence even to connect the accused with the commission of offence of rape. The prosecution has failed to establish the case against the accused”.
With these observations, Court dismissed the challan and acquitted the accused of the charges leveled against him.
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