Excelsior Correspondent
JAMMU, Jan 19: Principal Sessions Judge Ramban, M A Choudhary has acquitted Mohd Yousaf, son of Lal Din Bakerwal of Taryan, Udhampur of the charges of rape and kidnapping as the prosecution failed to establish the case.
According to the police case, on the intervening night of October 4 and 5, 2010 the prosecutrix was kidnapped by Mohd Yousaf. On the complaint of girl’s father, a case was registered and after completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “the first and foremost aspect of the case to be considered is the age of the prosecutrix. The prosecutrix has given her age as 13 years on the day of occurrence as corroborated by her father, who stated that the prosecutrix was the third issue among his 10 children born out of wedlock solemnized 30-35 years back”, adding “the father of prosecutrix stated that she was born after nine years of his marriage which means that prosecutrix in case of 30 years of the marriage is 21 years old and in case of 35 years her age could be 26 years. The prosecutrix is therefore in the age band of 21 to 26 years of age on the day of occurrence”.
“The prosecutrix was thus not a child below the age of 16 years at the time of her alleged abduction. The next question is whether the prosecutrix had been kidnapped. On analysis of the whole of the statement of the prosecutrix, it appears that without any resistance she had accompanied the accused, did not disclose her alleged abduction to any person at Banihal Bus Stand or enroute to Udhampur, at Udhampur or Tikri where she alleged to have been confined by the accused and on way back from Udhampur to Banihal”.
“Whether the sexual intercourse as claimed by the prosecutrix was against her will amounting to rape has also not been proved as all the attending circumstances persuade this Court to hold that the sexual intercourse by the accused with the prosecutrix was not forcible but voluntary”, Principal Sessions Judge said.
With these observations, Court held that the prosecution has miserably failed to bring home the charge against the accused. Accordingly, the prosecution case was dismissed and accused was acquitted of the charge.
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