Excelsior Correspondent
JAMMU, Feb 4: Principal Sessions Judge Poonch Jaffer Hussain Beigh today dismissed the challan and acquitted Gurdev Singh, son of Kalyan Singh of Poonch, who was facing trial in a rape case as prosecutrix was not examined.
“The prosecutrix has neither been cited nor examined by the prosecution. Unless and untill the aggrieved victim, upon whom the whole prosecution story revolves, would not be produced before the court and would not speak anything against the accused, the statement of prosecution witnesses does not carry any weight”, the Court observed.
“When the prosecutrix has not been examined, it would be very difficult to say that the accused has committed rape upon her. Thus, there is no sufficient evidence on record to connect the accused with the crime attributed to him”, the court further observed.
With these observations, the Court dismissed the challan and the accused was acquitted.
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