Excelsior Correspondent
JAMMU, Sept 27: Principal Sessions Judge Udhampur, A K Koul today acquitted Rajneesh Magotra, Daleep Singh alias Deepa and Pardeep Kumar alias Mithu, all the residents of Adarsh Colony, who were facing trial for kidnapping and gang-rape of prosecutrix.
After hearing PP Navneet Gupta for the State whereas Advocates Sanjeet Kumar and PK Jandial for the accused persons, the Court observed, “it is unfortunate that the prosecutrix has set the process of law in motion on a very serious charge against accused but has resiled from her version during the trial. It is needless to say that a case of sexual assault is based on the testimony of the prosecutrix but where the prosecutrix turns hostile the case is bound to collapse”.
“The prosecutrix in this case leveled very serious charges against the accused that they kidnapped her forcibly and gang raped her in a farm house. She has given a statement before Magistrate even during the investigation under Section 164-A CrPC wherein she has confirmed that she was forcibly kidnapped and raped by accused after being confined in a farm house. The first information report was read over to her and she admitted it to be correct to the extent of forcible rape on her but she refuted it to the extent that she disclosed the name of the accused or the registration number of the vehicle”, the Court observed.
“The prosecution as well as the investigating agency are helpless because none other than prosecutrix has demolished their case”, the Court said.
While acquitting the accused persons, Principal Sessions Judge took serious note of contrary statements of the prosecutrix and issued notice to her to show-cause as to why she should not be tried summarily and punished for deposing contrary to her statement recorded under Section 164-A CrPC. The Court also directed for separate proceedings against the prosecutrix.
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