Excelsior Correspondent
JAMMU, Apr 5: In a 2015 rape and murder case, Fast Track Court Jammu has acquitted three accused with the observation that the important incriminating circumstances like disclosure statement, last seen theory, motive, test identification parade, recovery/ seizure, medical evidence have not been established firmly and conclusively by the prosecution.
After hearing counsels for both the sides and analyzing the facts and circumstances of the case, the Presiding Officer Khalil Choudhary observed, “prosecution has miserably failed to prove the circumstances by leading evidence beyond any reasonable doubt”, adding “I do not find it a case where prosecution has proved and established the circumstances firmly and conclusively by leading evidence beyond any reasonable doubt, which form a chain complete in itself, leading to a hypothesis which is inconsistent with the innocence of the accused persons”.
“I find the important incriminating circumstances like disclosure statement, last seen theory, motive, test identification parade, recovery/seizure and medical evidence, having not been established firmly and conclusively. The evidence led to prove the circumstances is too weak and feeble to come to a definite conclusion about the guilt of the accused persons”, the Presiding Officer said.
“In such circumstance, though the deceased had met with a homicidal death, it cannot be said that rest of the circumstantial evidence culled out by this court unerringly point to the culpability of the accused persons in the homicidal death of deceased”, he said, adding “I am of the unhesitant opinion that the evidence projected by prosecution is wholly unacceptable being fraught with improbabilities, doubts, and oddities inconceivable with normal human conduct or behaviour and, thus cannot be acted upon as the basis of conviction”.
Accordingly, court ordered acquittal of the accused namely Sunil Kumar, son of Gianu of Pathankot, Rajni Devi, wife of Sunil Kumar and Mohd Ibrahim, son of Noor Mohd of Poonch.
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