Excelsior Correspondent
JAMMU, Sept 17: A Fast Track Court here while deciding the controversy regarding charges on the accused father-in-law found no material against him and consequently relieved him from rape attempt charge.
The case in this regard was registered at Women Police Station, Gandhi Nagar, Jammu in an FIR number 26/2021 for offences under sections 498-A/376/511/109 IPC.
After investigation police established that the accused Syed Shamas Arfin son of Maqbool Shah with a conspiracy of his parents, brother and wife demanded dowry from the victim and also tortured her.
When the victim refused to marry her father-in-law Maqbool Shah son of Mohd. Yousaf, the latter started forcing her to have physical relation and somehow she saved herself and fled away.
After listening to the arguments of both sides, Khalil Choudhary, Presiding Officer (Judge) at Fast Track Court in Jammu stated that in the given circumstances, there is no material against the accused Maqbool Shah warranting to put him on trial under section 376/511 IPC (attempt to rape) and thus discharged him accordingly from these offences.
However, the Court ordered that the accused Syed Arfin son of Maqbool Shah be charged for commission of offence under section 498-A IPC.
Similarly, the accused Maqbool Shah son of Mohd. Yousaf Shah, Heena Shah wife of Shams Arfin Shah, Mehmooda Naaz wife of Maqbool Shah and Syed Irfan Shah son of Maqbool Shah, all residents of 108, Shah Estate, Dhar Road, Udhampur were ordered by the Court to be charged for the commission of offences under sections 498-A/109 IPC.
The Court further mentioned that none of the offences disclosed are triable exclusively by the Court of Sessions and transferred the charge-sheet to the Court of Chief Judicial Magistrate Jammu for framing of charge against the accused and to proceed further in the matter in accordance with the law.
The Judge said that file shall come up before the transferee court on September 20, 2022 and the accused was directed to remain present accordingly.
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