Excelsior Correspondent
JAMMU, May 30: In a strongly worded judgment, the Fast Track Court Jammu has acquitted a man accused of rape, holding that the prosecution failed to establish the charge and observing that the accused spent one year, seven months and eleven days in jail in a case where the alleged incident was not proved.
Presiding Officer Amarjeet Singh Langeh, while acquitting Subash Chopra of the offence under Section 376 IPC, described the investigation as “fabricated, botched, manipulated and tainted”. The court also ordered a departmental inquiry against the Investigating Officer (IO) and the then SHO of Police Station R S Pura and directed initiation of proceedings under Section 182 RPC against the complainant for allegedly furnishing false information.
The case arose from FIR No. 90/2022 registered at Police Station R S Pura. According to the prosecution, the complainant alleged that during the intervening night of May 13 and 14, 2022, her uncle, Subash Chopra, entered her room and raped her at their residence. Following the complaint, the accused was arrested and subsequently put on trial.
After examining the testimony of 11 prosecution witnesses and scrutinizing the evidence on record, the court concluded that the prosecution case suffered from serious inconsistencies and lacked credible corroboration.
The court found it difficult to accept the complainant’s version that the accused remained in her room for 30 to 45 minutes and raped her twice while several family members, including her parents and two uncles, were present in the same residential building. It noted that the house was situated in a populated locality and yet no one heard any cries for help or disturbance.
Observing that the account appeared inconsistent with ordinary human conduct, the court described the prosecution story as “patently absurd and palpably improbable”.
The judgment also highlighted the medical evidence, which failed to support the allegation. The complainant was medically examined shortly after the FIR was registered, but doctors found no signs of violence or recent sexual intercourse.
A significant development came from the testimony of the complainant’s mother, who stated before the court that her daughter had initially told her that nothing had happened. According to the mother, she came to know about the rape allegation only after reaching the police station.
The court also examined the role of two witnesses, Monika Manhas and Dr Richa Abrol. While Manhas denied working for any NGO, Dr Abrol stated that she was associated with Muskan Foundation and had intervened in the matter. The court noted that Dr Abrol admitted during cross-examination that the complainant’s mother had repeatedly maintained that no wrongdoing had occurred.
Expressing concern over the investigation, the court observed that the Investigating Officer visited the alleged crime scene only ten days after the incident and recorded the complainant’s statement under Section 164 CrPC after a similar delay. The officer also failed to collect key evidence, including call records, CCTV analysis and supporting medical documents.
Holding that the investigation appeared influenced by outside intervention, the court ordered departmental action against the police officers concerned and directed the SSP Jammu to initiate legal proceedings against the complainant and conduct an inquiry into the role of the two interveners in the registration of the FIR.
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