Excelsior Correspondent
JAMMU, Dec 3: Additional Sessions Judge Baramulla Amarjeet Singh Langeh has discharged Showkat Ahmad Lone of the charges of attempt to rape.
After hearing both the sides, the court observed, “there is no medical evidence which could even distantly lead prima facie credence to prosecution case in so far as offence under Section 376/511 of IPC is concerned”, adding “absence of necessary logistical evidence to prima facie establish commission of offence for attempt to rape, therefore, has to inevitably result in discharge of accused”.
“No case for framing charge against accused under Section 376/511 of IPC has been made out and accordingly accused is discharged for the same. However, there is prima facie evidence available on record showcasing involvement of accused in the commission of offences under Sections 323 (voluntarily causing hurt) & 354 (outraging modesty of women) of IPC. Both these offences are triable by Judicial Magistrate Ist Class”, the Additional Sessions Judge said.
Accordingly, court directed that case be sent to Judicial Magistrate First Class (Sub Judge), Pattan for framing charges against accused under Section 323 & 354 of IPC and thereafter to proceed ahead in the matter in accordance with law.
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