Excelsior Correspondent
JAMMU, July 9: Principal Sessions Judge Ramban Md Akram Chowdhary has acquitted one Muzammil Hamid Khan of the charges of rape and initiated perjury proceedings against prosecutrix.
According to the police case, on June 6, 2012 prosecutrix submitted a written complaint to the police alleging that Muzammil Hamid, son of Hamidullah Khan of Banihal committed rape on her at her residence. On this, police registered a case and after investigation charge sheet was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “on consideration of the entire evidence there is no incriminating evidence against the accused. The prosecution has examined only two witnesses, prosecutrix who is herself complainant in the case and medical expert who had examined her medically as gynaecologist”.
“The prosecutrix had herself moved the written complaint under her signatures accusing the accused for the commission of rape on her. Her statement was recorded in terms of Section 164-A CrPC by Judicial Magistrate 1st Class Banihal where she had again reiterated the story of her complaint. While being examined in this Court prosecutrix almost reiterated the prosecution story. However, later she completely resiled from the prosecution story taking a U turn and demolished the prosecution story as a whole”, the court said.
“The prosecutrix had thus, in the opinion of this Court, committed perjury making different statements at three stages under judicial proceedings, first before the Magistrate, second before this Court, on her examination”, the court said. Accordingly the accused was acquitted of the charge.
The court, however, said that separate proceedings shall be initiated against prosecutrix for the commission of perjury.
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