Excelsior Correspondent
JAMMU, Dec 8: Principal Sessions Judge Kathua, M K Hanjura today acquitted Joginder Singh and Raj Kumar, who were facing trial for the last 10 years in rape and kidnapping case as prosecutrix was a consenting party.
According to the police case, on May 7, 2002 one Parveen Singh lodged a written report at Police Station Hiranagar that about 10 days earlier Joginder alias Shindu, son of Parkash Chand hatched a criminal conspiracy with his father Parkash Chand, mother Rano Devi and his brother Mohinder.
In furtherance of conspiracy Joginder Singh abducted complainant’s sister with the intention to marry her against her wishes. On this, a case under Section 366/109 RPC was registered and investigation started. The recovery of prosecutrix was affected and after completion of the investigation challan was presented in the Court of Judicial Magistrate Hiranagar.
Judicial Magistrate Hiranagar committed case to the Court of Sessions Court Kathua. Vide order dated July 23, 2004, Parkash Chand, Rano Devi and Mohinder were discharged and by the same order Raj Kumar and Joginder Kumar were charged with Section 336/376/109 RPC.
After hearing Public Prosecutor Ravi Kumar Gupta for the State whereas Advocate KB Mahajan for the accused persons, Principal Sessions Judge took serious note that investigating officer has not appeared as a witness in the instant case.
“In my experience as a Sessions Judge, I have seen that in most of the cases involving heinous offences of murder, rape, NDPS Act etc, the investigating officers do not appear as witnesses in the Court. Why is it so?” Principal Sessions Judge said.
“It is the time to sit together to find out the loopholes and to make every endeavour to plug them, if they have the time to come out of the rut of which they are in their nomenclature turns as law and orders. If this situation persists only God can save the criminal justice system, which at the moment appears to be at the brink of disaster, with every limb passing the buck on to the other”, the Court said.
While acquitting the accused, the Court observed, “the prosecutrix hovered around the accused. It is case of living together with each other’s consent and then turning around by taking a U-turn. The facts of the case clearly demonstrate that the prosecutrix was a consenting party”.
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