Court acquits accused in murder, rape case

Excelsior Correspondent
JAMMU, June 6: Principal Sessions Judge Kathua, Sanjay Kumar Dhar today acquitted one Pawan Dev Singh, who was facing trial in murder and rape case with the observation that Thakur Dass and Santosh Kumari, father and sister of the deceased have committed offences of perjury.
“Let a notice be issued to Thakur Dass and Santosh Kumari  with the direction to show cause as to why they should not be punished in accordance with provisions contained in CrPC”, the court directed.
According to the prosecution case, on January 1, 2013 Head Constable Brain Singh laid a telephonic information before Incharge Police Station, Basohli that one Thakur Dass had orally informed that his daughter Vaishno Devi, wife of Charan Dass of Khaniyari Billawar has been killed by Pawan Dev Singh by a gun shot.
Accordingly, FIR for offences under RPC sections and 3/25 Arms Act was registered at Police Station, Basohli and the investigation of the case was set into motion. During investigation, it was found that deceased had strained relations with her husband as one Raj Singh was a frequent visitor to the house of the deceased and he had illicit relations with her
It was also found that accused Pawan Dev Singh, son of Raj Singh had the knowledge about the relations of his father with the deceased. On January 1, 2013 Pawan Dev Singh went to the house of the deceased and found his father with her.  On this, he fired from gun of his father leading to the death of Vaishno Devi.
“It is clear that prosecution has failed to bring home guilt of the accused. There is absolutely no evidence on record to convict the accused. The charges against him are not established”, the court said, adding “it a matter of great concern that moral fabric of our society has degenerated to such an extent that even the parents and siblings of a victim of a heinous crime like murder, are unable to muster moral courage to speak the truth about the occurrence”.
“While we, as members of civil society, lose no opportunity in criticizing the criminal justice system of our country whenever a criminal goes scot free after committing a crime but we rarely realize  that it is the duty of every citizen to help the  investigating agency as well as the criminal courts to bring the culprits to book”, the court said, adding “in the instant case, the fact that kith and kin of the victim have resiled from their statements  recorded during investigation of the case, shows that our society is heading towards moral  and ethical bankruptcy”.
While acquitting the accused, the court said, “Thakur Dass and Santosh Kumari  have committed offences of perjury and they deserve to be dealt with in accordance with provisions contained in CrPC. Let a notice be issued to Thakur Dass and Santosh Kumari  directing them to show cause as to why they should not be punished”, adding “reply to the show cause notice shall be submitted by these witnesses by or before 15.07.2016”.