Court directs DGP to take action against IO

Excelsior Correspondent
JAMMU, Dec 3: In the much publicized Akhnoor sex scandal case, Presiding Officer of Fast Track Court Kishore Kumar today acquitted all the accused as prosecutrix turned hostile.
After hearing Advocates Abhinav Sharma, Himanshu Beotra, Sahil Aggarwal and PS Pawar appearing for the accused persons, court observed, “this is very unfortunate that the victim has resiled from her earlier statement made before the Judicial Magistrate Akhnoor”.
“She has also leveled serious allegations against the Investigating Officer Kuldeep Singh (ASI) and the then SHO which warrants the judicial as well as administrative action against the erring police officers connected with the investigation of the case”, the court said, adding “it has been noticed that the rape cases are being investigated by ASIs against the mandate of law like the present one”.
“The courts can come to the rescue of the aggrieved persons only when the victim intends to seek the assistance of the court by speaking the truth. This practice needs to be curtailed. The purpose of the Section 164A CrPC seems to be defeated when the victim turns hostile. The act of the prosecutrix definitely warrants the action under Section 479-B CrPC”, Presiding Officer said while issuing directions for issuance of notice to the prosecutrix directing her to show cause as to why proceedings under Section 479-B of CrPC be not initiated against her.
The Presiding Officer ordered that a copy of this judgment be sent to Director General of Police for appropriate action against the erring police officers under intimation to this court within a period of three months.
“It is imperative to mention here that hue and cry is being raised that the courts are not convicting the rape accused. However,  no person, accused of rape, can be convicted if the witnesses specially the victim and the material witnesses do not support the prosecution case or give the quality evidence as in the present case”, the Presiding Officer said, adding “it should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and not to be swayed by emotions as there is no place of emotions and sentiments in the criminal judicial system”.
With these observations, court acquitted Pawan Kumar, son of Balak Ram of W No 10 Akhnoor, Amit Gupta, son of Chaman Lal of W No 2 Akhnoor, Anil Magotra, son of Harminder Lal of Barui, Hardeep Tagotra, son of Krishan Lal of Gandarwan, Harminder Singh, son of Babu Singh of Jadh and Rahul Gupta, son of Inder Parkash of Jia Pota Mohalla.


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