Excelsior Correspondent
RAJOURI, Oct 5: Principal District and Sessions Judge Poonch Tahir Khurshid Raina today acquitted two accused in kidnapping and rape case as prosecution failed to prove the guilt of the accused beyond reasonable doubt.
These persons are Maqsood Hussain, son of Akbar Hussain of Mangnar and Shahid Iqbal, son of Khadim Hussain of Jhullas. They were booked by the Poonch Police in 2010. In the first investigation, offences of kidnapping and rape were found to have been committed by these two accused persons while others were charge sheeted for abetment. The court also found the accused prima facie guilty and accordingly charged them for commission of offences.
Initially the accused were given bail but the same was cancelled by the High Court with the direction for further investigation in the case with regard to gang rape as alleged by prosecutrix. The new IO in the case established the offence of gang rape committed by two accused and others found to have committed the offence of abetment. So a supplementary challan was filed against the accused.
Out of 29 witnesses cited by prosecution, 23 were produced before the court and after completion of trial and final hearing case was reserved for judgment, which was delivered by the Principal District and Sessions Judge Poonch today.
In his detailed judgment, the Principal District and Sessions Judge observed, “the law governing the field is that sole statement of prosecutrix is sufficient for convicting the accused provided it inspires sufficient faith and confidence in the court”, adding “on this golden principle court tested the veracity of the testimony of the prosecutrix and analyzed three statements of prosecutrix which includes her 164-A statement and her statements recorded twice before trial court”.
“After examining the statements of prosecutrix, the court in its detail analysis found her version improbable, devoid of truth and natural account of the things”, Principal District and Sessions Judge said, adding “when version of prosecutrix reflects doubt, court has inevitably to see the other prosecution evidence to feel satisfied about the truth of prosecutrix version to convict the accused. However, not a single witness has corroborated prosecution case and the version of the prosecutrix. Even she stands medical examined on the alleged date of recovery but medical opinion doesn’t match at all with prosecutrix version”.
“In this case three IOs have investigated the case but not a single one has visited the places of occurrences to establish the version of prosecutrix . There is contradiction in medical and forensic evidence”, the court said, adding “there is a reasonable doubt in the case of prosecution and the cardinal principle of criminal justice system is that the benefit of doubt always goes in favour of the accused”.
With these observations, court acquitted both the accused of the charges of kidnapping and gang rape on the ground that prosecution has failed to prove the guilt of the accused beyond reasonable doubt.
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