Excelsior Correspondent
JAMMU, Feb 1: Principal Sessions Judge Samba Kartar Singh has acquitted an accused facing trial in a rape case due to material contradictions in the prosecution story.
According to the police case, on June 8, 2009 prosecutrix, who was grazing cattle in a forest area, was raped by the accused namely Fiaz Ali, son of Beeru. Accordingly, a case was registered and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor for the State whereas Advocate Rajeev Sharma for the accused, Principal Sessions Judge observed, “the statement of the prosecutrix is not trustworthy because she remained silent for a pretty long time and did not disclose about the incident to anybody for long time. Had she narrated the incident immediately after the occurrence to her mother, this fact would have been admissible in evidence under Section 8 of the Evidence Act but she and her mother remained silent for a pretty long time and in such a situation the corroboration of her statement is necessary”.
“The corroboration of her statement becomes further necessary when the statement of her uncle is perused. He has deposed that when he saw the prosecutrix weeping, he enquired from her as to what had happened but she remained silent and when on June 8, 2009 he went to her house, her mother told him that she had been raped by the accused. The statement of this witness thus makes it clear that family members of the prosecutrix were well aware of the incident immediately after it happened but they did not lodge the report”, the Court said, adding “in such a situation the solitary statement of the prosecutrix cannot be believed”.
“In view of material contradictions in the prosecution story, the solitary statement of the prosecutrix cannot be believed without corroboration which is totally lacking in this case”, the Court observed and acquitted of the charges leveled against him.
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