HC refuses to quash FIR in rape case

Excelsior Correspondent
JAMMU, Sept 4: High Court has refused to quash FIR in a rape case registered in Police Station Women Cell Doda.
According to the police case, one Abdul Rashid on January 2, 2019 lodged a complaint in the Police Station, Women Cell Doda mentioning that his daughter was missing. On 04.03.2019, the prosecutix was recovered from Jammu and taken back to home where she narrated the whole ordeal with the parents.
According to the prosecutrix, on December 31, 2018 she was kidnapped by one Raies Ahmed and other unknown persons, who took here to Koil Kadal Srinagar where she was kept under the surveillance of an unknown lady. Thereafter, the accused persons repeatedly committed rape upon her.
After hearing counsel for the petitioner Shabir Ahmed and others seeking quashment of FIR, Justice Tashi Rabstan observed, “High Court has no jurisdiction to appreciate the evidence of the proceedings under Section 561-A of CrPC because where there are contradictions/ inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties”.
While dismissing the petition, High Court directed head of Police Station Women Cell Doda to conclude the investigation within a period of two weeks.

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