Excelsior Correspondent
JAMMU, Apr 19: Presiding Officer Fast Track Court Khalil Choudhary has acquitted one person who was booked for allegedly committing rape as prosecution failed to prove the case.
The accused namely Ravi Rakwal, son of Din Dayal Rakwal of Madhya Pradesh and presently putting up in Janipur area was booked under Section 376 RPC on the written complaint of Pyare Lal.
After hearing the counsel for the accused and Prosecuting Officer, the Presiding Officer Fast Track Court observed, “over all analysis of the evidence of prosecutrix as well as the doctor witness, with regard to committing of sexual intercourse by the accused there are major contradictions in their statements which creates doubt with regard to committing of rape by the accused”.
“Therefore, on cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence. The evidence of witnesses is not corroborative leaving doubt in the prosecution case”, the Presiding Officer said, adding “I am unhesitant to record that prosecution evidence cannot be said to definite, positive consistent and coherent so far as the case against the accused is concerned”.
“A clear room for doubt is left out in the prosecution evidence. Here it is pertinent to note that it is not part of the duty of the accused to show as to why a false allegation has been leveled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt”, the court said, adding “further it is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof. Suspicion however, grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion”.
“Thus, prosecution case fails and accused is accordingly acquitted of the charges leveled against him. Accused Ravi Rakwal, who is in custody, is ordered to be released forthwith. Accused is relieved from bail and surety bond executed”, the court said.
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