Rape of a mentally retarded girl should otherwise shake conscience of everyone with indignation and the desire to award exemplary punishment to the accused but when the accused were let off the hook , it raised pertinent questions and the levels of professional ability, devotion to duty and proper investigations all by the investigating police personnel and the prosecuting agencies were put to test in the instant case which took place in Akhnoor Jammu .
The amount of mental trauma, brutality , sufferings and the like on account of undesired pregnancy and subsequent birth to unwanted child – all gone through the hapless victim demanded ‘rarest of rare’ punishment, that of a death sentence to the accused but due to the poor handling of the case and presenting a weak charge sheet by the prosecution, the accused were acquitted. The Judge had to observe that prosecution had miserably failed to prove the case beyond all shadows of doubt . It is incumbent upon the State Government to go in for appeal against the acquittal in the High Court and separately investigate the causes of a weak case by the prosecution.
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