Prosecution failure leads to acquittal in rape case

Excelsior Correspondent
JAMMU, Jan 20: 3rd Additional Sessions Judge Jammu, Kishore Kumar has acquitted one Sahil Verma of the rape charges as prosecution miserably failed to prove its case.
While acquitting the accused, the court observed, “it is imperative to mention here that now a days, there is a public outrage and hue and cry is being raised that the courts are not convicting the rape accused. However,  no person, accused of rape, can be convicted if the witnesses specially the victim and her parents do not support the prosecution case or give the quality evidence”.
“In the present case the prosecutrix has resiled from her earlier statement made under Section 164-A CrPC besides her father namely Anil Kumar. It should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and the courts are not to swayed by emotions or report or publication in the media”, Additional Sessions Judge said.
“Since the star witness and her father have resiled from their earlier statements made before the Magistrate conviction of the accused is not possible in the circumstances of the case”, the court said while acquitting the rape accused.

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