Excelsior Correspondent
SRINAGAR, July 22: The Fast Track Court for POCSO cases acquitted a person from rape and other charges citing that the prosecution has failed to establish the aspect of the case.
Aarti Mohan Presiding Officer of Fast Track Court for POCSO Cases, Srinagar said the prosecution has failed to establish the factual aspect of its case against the accused-Mohammad Yaseen Mir of Harwan Srinagar beyond shadow of reasonable doubt as such the presumption U/S 29 would not arise in the instant case.
“The accused has been able to bring forth facts during the cross examination of the prosecution witnesses which destroy the foundational facts of the prosecution case. The challan in hand is therefore dismissed as not proved. Accused is acquitted of all charges. His sureties are also discharged”, court concluded.
Court has also added that there is nothing to establish that the victim was illegally confined by the accused person and was enticed or taken away from the keeping of her lawful guardian as required for completion of the offence of kidnapping.
The facts of the case are that the complainant lodged a written report in Police Station Harwan Srinagar that on 06-09-2019 his daughter, aged about 16 years was kidnapped and taken to Sara Bagh Saidpora, by the accused -Mir, where she was raped forcibly. On the basis of this information FIR No. 27/2019 was registered in P/S Harwan U/S’s 363, 341, 376 RPC and Section 6 of POCSO Act.
During the course of investigation of the case, the statement of the witnesses including the statement of the victim was recorded and the medical examination of the victim was also conducted. In the investigation the offences Under Section 363, 376 RPC and 6 POCSO Act were established against the accused whereas the offence under Section 341 was not established and dropped and offence under Section 342 RPC was added against the accused and the challan was presented before the court of law.
The counsel for the accused advocate Sameer Nabi submitted that the prosecution before invoking the provisions of Section 29 of the POCSO Act is required to establish beyond reasonable doubt the allegations made against the accused person in the charge sheet. He has argued that the prosecution has desperately failed to make out any case against the accused person much less beyond the shadow of reasonable doubt. The counsel argued that victim as well as the complainant have not supported the prosecution case and have turned hostile and even the other eyewitnesses though have alleged that the accused raped the victim; however there are material contradictions in the statements given by them.
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