Court acquit six in rape case and issue notice to prosecutirx for perjury

17/08/2018

JAMMU, Aug 16: Princ-ipal Sessions Judge Bhaderwah MK Sharma acquitted six accused in kidnapping and rape case and issued show cause notice to prosecutrix to explain as to why she may not be proceeded for making false statement.
According to the police case that On 17.08.2011, the prosecutrix, who had gone to Kahal Jugassar forest to graze her sheep and goats did not return. In this connection a missing report was lodged by Deep Kumar, brother of the prosecutrix, which was entered as report no.13 in Daily Diary of police station Gandoh. On failure to locate the prosecutrix, the family members of the prosecutrix thought that the prosecutrix must have been killed by some wild animal. However, a day before the Eid festival in the month of Oct. 2014, the prosecutrix was found in the house of Sanjeet Kumar and was brought back home. The complainant Sher Singh wanted to inform the police about the same but was stopped by accused, who pressurized the complainant to enter into compromise.
The accused admitted that the prosecutrix was kidnapped by Sanjeet Singh. In this connection a committee was held and it was agreed that Rs.1.00 lac shall be paid to the prosecutrix.
The prosecutrix, who was in great trauma was taken to Jammu for treatment. Lateron, the prosecutrix told her paternal aunt Anita Devi that when she was 7/8 years old the accused Rattan Lal committed rape upon her and thereafter, the accused Rattan Lal, Bal Krishan and Jeet Singh had been intermittently committing rape upon her. In July 2014, the aforesaid three accused came to know that the prosecutrix has been impregnated. The accused Usha Devi, who is wife of accused Bal Krishan administered certain medicines to the prosecutrix and got the pregnancy terminated in the forest. Thereafter, the aforesaid three accused gave some money to the accused Sanjeet Kumar, who in connivance with the other accused kidnapped the prosecutrix and took her to Himachal Pradesh, where they stayed for about two months and during this period, the accused Sanjeet Kumar committed rape upon the prosecutrix on several occasions. The accused Sanjeet Kumar returned home with the prosecutrix in the month of Oct. 2014, from where the complainant/PW-1 Sher Singh brought the prosecutrix back home. On the strength of written report lodged by the the complainant Sher Singh, father of the prosecutrix FIR No. 84/2015 for the commission of offences punishable under sections 376/363/109 RPC was registered in police station Gandoh and investigation commenced.
Principal sessions Judge Bhaderwah MK Sharma after hearing both the sides observed that In view of the statements of the material witnesses, the proceedings were truncated and evidence of the prosecution was closed. The prosecutrix has not said even a word that she was kidnapped or raped by the accused. She has not said anything regarding conception or termination of her pregnancy by the accused. PW Sher Singh, father of the victim has also not said anything connecting accused with the commission of crime. Other witnesses of the prosecution are not witnesses of occurrence and their statements are hearsay. JNF

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