Excelsior Correspondent
JAMMU, Aug 29: Observing that prosecutrix’s statement can never be taken a `Gospel Truth’, a fast-track court in Jammu today acquitted a man who was accused of kidnapping and raping a minor girl in 2016.
While passing the order, Presiding Officer of Fast Track Court Jammu, Khalil Choudhary said that the prosecution case has failed and thus accused Karnail Singh of Bagan Kot, Tehsil Chassana, district Reasi, is accordingly acquitted of the charges leveled against him.
Observing that the evidence of witnesses was not corroborative leaving doubts in the prosecution case, the court was of the view that the testimony of victim of offence was not just to be taken on its face value but has to be considered on the broader probabilities of inspiring confidence and truthfulness.
“Therefore, on cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence,” said the court, in its judgment, a copy of which lies with the Excelsior.
As per the prosecution case, 14-year old victim was allegedly kidnapped from her residence at Police Colony, Channi Himmat, Jammu and was taken to different locations by the accused who also raped her.
Observing that from the evidence of prosecution, it was not established that the victim of offence was kidnapped/abducted by the accused, the court said that the circumstances in the case are highly doubtful and improbable.
The court said that it is not part of the duty of the accused to show as to why a false allegation has been leveled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt.
“Suspicion, however grave, is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion. Thus prosecution case fails and accused is accordingly acquitted of the charges leveled against him,” the court said, and ordered release of the accused, who was in custody.
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