Excelsior Correspondent
JAMMU, Sept 2: Principal Sessions Judge Jammu Vinod Chaterji Koul has discharged alleged accused namely Bodh Raj, son of Rattan Lal of Upper Barnai, who was allegedly booked under Sections 363/109/342 RPC and 11/12 of Protection of Children from Sexual Offences Act (POCSO).
“The material on record including the statement of the proecutrix recorded under Section 164-A CrPC do not show or suggest anywhere that the accused has committed any illegal act with her”, the court said, adding “the record does not contain any material of any circumstance from which it could be inferred that the accused is involved in the commission of any offence levelled against him”.
Principal Sessions Judge further observed, “this court fails to understand as to how the investigating officer has implicated the accused in the present case and as to how he has come to the conclusion that the accused has committed the offences punishable under Sections 363/109/342 RPC and 11/12 POCSO”.
“The present case appears to be a case of absolute non application of mind. The investigating officer has not applied his mind to the facts of the case. He appears from the record to have been in a hurry in imposing liability upon the accused than in investigating the matter in proper manner and in the right perspective”, the court said, adding “the investigating officer has evaded and violated all the canons of criminal jurisprudence and he appears to have roped in innocent person for the commission of offence”.
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