Excelsior Correspondent
JAMMU, Mar 25: Fast Track Court Jammu today acquitted husband of a woman of the rape charge.
The allegations against accused were that he solemnized second marriage without obtaining divorce from complainant, who is his first wife and on 04.09.2020 while complainant was in her parental house, he came there with toka, hurled filthy abuses upon her, disrobed her and to satisfy his lust also raped her.
The complainant approached court of Additional Special Mobile Magistrate, R.S Pura on 30.09.2020 and SHO Police Station Miran Sahib was directed by court to conduct preliminary enquiry into the facts. Ultimately FIR No.188/2020 for offences under Section 376-B of IPC and 4/25 Arms Act was registered and investigation was started.
While dismissing the challan, court presided over by Sessions Judge Amarjeet Singh Langeh held, “the evidence led by prosecution is insufficient to un-erringly fasten accused with the guilt for offences that he has been charged with. All that prosecution evidence demonstrates is that the complainant/prosecutrix unleashed fury against her husband (accused) in backdrop of their strained marital relation by registering instant FIR and subsequently stone softened when she did not support prosecution case”.
“Challan is therefore dismissed. Suspicion how so ever strong cannot take place of proof beyond reasonable doubt. Accused is accordingly acquitted”, the court ordered, adding “prosecution case therefore is nothing but an exaggeration of matrimonial skirmishes inter se complainant and her husband, the accused,” court further observed.
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