Excelsior Correspondent
JAMMU, July 10: Additional Sessions Judge (Fast Track) Court Doda Sudesh Sharma has acquitted one Bashir Ahmed Khatana, son of Illam Din of Barswana of the offences punishable under Sections 376 (rape), 302 (murder) and 201 RPC (causing disappearance of evidence).
As per the police case, on 01-01-2011, the victim, aged 14 years, had gone to nearby Ramlai jungle to look after the livestock and accused Bashir Ahmed Khatana committed rape upon her. Thereafter, in order to save himself from the legal action he dragged the victim and threw her in Chenab River. Her body was recovered after 52 days in decomposed form near Shahjah Gollan Forest Protection Beat, Doda. Accordingly, case under Sections 376/302/201 RPC was registered against the accused.
After hearing both the sides, the court said that in totality of the circumstances the prosecution has failed to elevate its case from the realm of “may be true” to “must be true” as is indispensably required in law for conviction on basis of circumstantial evidences on a criminal charge.
“The prosecution from the quality and quantity of the evidence could not prove the chain of circumstantial evidence which could only lead to one inference— the guilt of the accused. The accused is therefore, acquitted for the offences punishable under Sections 376, 302, 201 RPC. He is, therefore, ordered to be released from jail, if his presence in jail is not required in connection with some other case”, the court said.
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