Court acquits juvenile in attempt to rape with minor


JAMMU, JUNE 4: 2nd Additional Sessions Judge Srinagar Tahir Khurshid Raina while acquitting juvenile in attempt to rape with minor case, observed that I .O who has investigated the case is on record to state that neither before this case nor thereafter he has ever been I.O in any case. This speaks volumes about the standard of investigation being conducted in such serious cases and obviously the result will be failure of challan.
With these observations Court acquitted the accused from the charges.
The facts of the prosecution case are that on 18-082005 Police Station Panthachowk received a written complaint from complainant PW1 to the effect that he had gone to celebrate independence day celebrations out of his home and on 16th August in the evening when he returned to his home, his mother told him that in the day time juvenile X entered into their house situated at Balhama and caught hold of his minor child whose age is 5 years and forcibly tried to commit rape upon her. As his mother was present in the house and on seeing this she raised hue and cry and in the meanwhile said juvenile fled from the spot. On the above report case under FIR 67/2005 was registered at Police Station Panthachowk and investigation was entrusted to PW6. During the course of investigation the child victim was got medically examined. The juvenile was arrested. The statements of the material prosecution witnesses were recorded. Finally the investigation culminated into filing of challan before ld. (PT&T) Magistrate, Srinagar who vide its order dated 07-09-2005 committed the same to the learned Pr. Sessions Judge Srinagar where from it came to be transferred to this court. Vide order dated 21-09-2005 the juvenile was charged for the commission of offence under sections 376/511/451 RPC. He pleaded not guilty and claimed to be tried. Consequently prosecution was directed to lead evidence in support of its case. JNF

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