Accused facing trial in rape case acquitted as prosecutrix turns hostile  

Excelsior Correspondent
JAMMU, June 12: Principal Sessions Judge Ramban Mohd Akram Chowdhary has acquitted one Tariq Saleem Khan, son of Abdul Lateef Khan of Darpora Banihal, who was facing trial in rape case, as the prosecutrix turned hostile.
After hearing both the sides, Principal Sessions Judge observed, “all the witnesses including the star witnesses, complainant and the prosecutrix have turned hostile and resiled from the prosecution story. The statement of prosecution witness Dr Rita Kotwal, a medical expert suggesting recent sexual intercourse, is only of corroborative evidentionary value. In the absence of direct evidence particularly in the face of the statement of the prosecutrix that neither she was kidnapped nor raped by the accused, medical expert’s evidence is of no significance “.
“As there is no incriminating evidence against the accused, there is no need to examine him in terms of Section 342 CrPC. In the considered opinion of the court the accused is entitled to be acquitted of the charges at this stage in terms of Section 273 CrPC”, Principal Sessions Judge said.
With these observations, court acquitted the accused of the charge on furnishing of personal and bail bonds.

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