Excelsior Correspondent
JAMMU, Sept 3: Sessions Judge Kathua, M K Hanjura has acquitted the rape accused after nine years long investigation and trial as the prosecution failed to produce the evidence in support of the charges.
According to the police case, on October 5, 2003, the prosecutrix namely Sita Devi, wife of Amro of Chappri Malhar, tehsil Billawar, was cooking food in her house when the accused Subash, son of Gopalu of Machedi barged into her house, caught hold of her, stripped her and assaulted her sexually.
When she raised hue and cry, Satpal, Paras Ram and others rushed to scene of occurrence and saved her from the accused. Later, the prosecutrix informed the police about the incident and accordingly a case under Sections 376 and 452 RPC was registered against the accused at Police Station Billawar and investigation started.
On the completion of the investigation, charge sheet for the commission of offences under Section 376/452 RPC was preferred in the Court of Judicial Magistrate, Billawar against the accused and Judicial Magistrate committed the case to Sessions Court in terms of Section 205 D of CrPC.
After hearing arguments of both the sides and considering the material on record, the Sessions Judge, M K Hanjura observed, “the evidence on record substantiates that the prosecutrix was a consenting party. No credence can be lend to the prosecution case which appears to be devoid of truth and without any merit”, adding “it appears that when the husband of prosecutrix came to know about the occurrence she was terrified and to save her skin she gave a different color to the entire story”.
“In her statement the prosecutrix has stated that she doesn’t know the accused. How did she then come to know about the identity of the accused is a mystery that has not been unraveled by the prosecution”, the Court said, adding “none of the witnesses have stated that they saw the accused committing the crime. Under these circumstances the nexus of the accused with the commission of crime is missing”.
The Sessions Judge further observed, “there is evidence on record that the accused, the husband of the prosecutrix and prosecution witness Satpal have been litigating with each other over a piece of land for the last eight years which indicates that they have animosity with each other as such the chance of the false implication of the accused in a row cannot be ruled out”.
“There is considerable weight and force in the argument that the prosecutrix was a consenting party. The evidence on record supports it. The prosecutrix has herself destroyed the prosecution edifice”, the Court said, adding “the judicial process cannot be issued in the case where there is no satisfactory evidence to connect the accused with the commission of crime”.
With these observations, the Sessions Judge acquitted the accused of the charges leveled against him.
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