Excelsior Correspondent
JAMMU, May 15: Principal Sessions Judge Kathua, M K Hanjura today acquitted one Mohd Abbas, son of Bashir Ahmed of the charges of kidnapping and rape as the prosecutrix turned hostile. The Court also issued notice to the prosecutrix for committing perjury.
The case against Mohd Abbas was registered on October 18, 2007 at Basohli Police Station under Section 363 RPC read with Section 34 RPC and after completing the investigation the accused was chargesheeted on December 10, 2007.
After hearing Advocate A Slathia appearing for the accused person whereas PP Ravi Kumar for the State, Principal Sessions Judge observed, “it is apparent that the prosecutrix has made a U-turn in her cross examination. She has denied the occurrence of the event. She has even denied that Mohd Abbas raped her at any time before or after lodging the report”.
“The prosecutrix has been emphatic in stating in her cross examination that she was not enticed away by the accused. She has simply smashed the prosecution case in its entirety. Therefore, the prosecution case straight-away merits the acquittal of the accused without looking into or appreciating the other evidence which is irrelevant for the simple reason that the prosecutrix has not supported the prosecution version”, the Court said.
While acquitting the accused, Principal Sessions Judge observed, “the statement of prosecutrix invites a comment and action. In her statement made before this court she has changed colours like a chameleon. In her statement, recorded under Section 164-A CrPC she has pleaded the occurrence of the event and subsequently done a U-turn by stating that occurrence took place in a different mode and manner”, adding “there is reason to believe that this witness has committed perjury. A notice shall therefore be given to her to show cause as to why she shall not be punished for giving false evidence”.
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