Excelsior Correspondent
JAMMU, Feb 21: 1st Additional Sessions Judge (Fast Track) Court Baramulla, Amarjeet Singh Langeh has acquitted one Mushtaq Ahmad Khan, son of Sonaullah Khan of Sherpora for the offences punishable under Sections 366 (abduction) and 376 (rape) of RPC.
After hearing both the sides, court said, “there is no denying the fact that a victim/prosecutrix in case involving offences like abduction and sexual assault is a star prosecution witness. Her testimony therefore is of immense significance for evaluating the truthfulness of prosecution case”, adding “in the case in hand the account of occurrence put forth by prosecutrix is incoherent, improbable, not prudent and of poor quality”.
“A married lady could not be enticed by being shown green pastures and abducted – unless she is complicit and culpable that too when she deposes that accused and she used to walk around market during day time in Jammu and changed three vehicles from Baramulla to Jammu”, court said.
Maintaining that failure of prosecution to examine two investigating officers in the case is fatal to prosecution case, the court further held that only the two investigating officers could have offered plausible explanation qua glaring contradictions emerging out of testimony of prosecution witnesses.
“Having regard to the broader probabilities of the case and considering the inconsistent and improbable account of occurrence narrated by prosecutrix, which has only doused credibility of her version, it is held that prosecution case is cock and bull story and noose of conviction therefore, cannot be hurled around accused”, the court said while dismissing the challan.
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