Excelsior Correspondent
JAMMU, Oct 17: A Fast Track Court here today acquitted a rape accused of the charges levelled against him.
As per the case, an FIR with Number 105/2016 was registered at Police Station Channi Himmat in Jammu against, Ashfaq Ahmad Khan son of Mohd. Yaqoob Khan resident of Kotli Kalaban, tehsil Manjakote, district Rajouri, for the offences Under Sections 376/342 RPC.
After analysing the case, the Presiding Officer (Judge) at the Fast Track Court Jammu, Khalil Choudhary stated that cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence.
He further said that the evidence of witnesses is not corroborative leaving doubt in the prosecution case.
The Judge noted: “I am unhesitant to record that prosecution evidence cannot be said to definite, positive consistent and coherent so far as the case against the accused is concerned.”
He said that a clear room for doubt is left out in the prosecution evidence.
“Here it is pertinent to note that it is not part of the duty of the accused to show as to why a false allegation has been levelled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt,” the Presiding Officer maintained.
He further said that suspicion, co-incidence and grave doubt cannot take place of the legal proof in absence of the reliable evidence and it is always unwise to act on mere suspicion.
The Judge concluded: “Thus, the prosecution case fails and accused Ashfaq Ahmed Khan is accordingly acquitted of the charges levelled against him.”
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