Excelsior Correspondent
JAMMU, Aug 31: Principal Sessions Judge Udhampur, A K Koul has acquitted one Kaka Ram alias Kaku Ram, who was facing trial in the rape case, as the statement of prosecutrix was found incredible.
According to the police case, on August 30, 2009 the prosecutrix lodged a complaint before Chief Judicial Magistrate Udhampur, wherein the allegations of house trespass and rape were leveled against the accused. The complaint was forwarded to SHO Police Station Latti in terms of Section 156(3) CrPC and police after completion of investigation presented challan in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “accused has produced three witnesses and all have in one voice said that parties have a land dispute and this case is an outcome of the same”.
“It is a fact that the son of the prosecutrix was a minor having an age of 10 years. He could not individually do much to prevent the accused from assaulting his mother but the prosecutrix and her son could together manage to put up strong resistance which could force the accused to leave but nothing like that has been done”, the court said.
“Strangely enough the prosecutrix went to sleep after the alleged sexual assault without a protest. She took bath next morning and washed her clothes to destroy the evidence. All this is indicative of the fact that the statement of the prosecutrix and her minor son cannot be safely relied upon because the same appears to be incredible”, the court said.
With these observations, Court acquitted the accused of the charges leveled against him.
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