Excelsior Correspondent
JAMMU, Dec 23: Presiding Officer Fast Track Court Jammu Khalil Choudhary has acquitted one Pardeep Kumar, son of Bansi Lal of Bilawar of the alleged kidnapping and rape charges as prosecution failed to establish its case against the accused beyond any reasonable doubt.
After hearing Additional Public Prosecutor for the UT, counsel for the accused and going through the record available on the file, the Presiding Officer observed, “the statement of the prosecutrix is highly shaky and unconvincing and bring no help and has no value in the eye of law and the FIR that was lodged, is shrouded by mystery as the victim has not come forward with clean hands and her statements are contradicting at different stages of the investigation and trial”.
“In the instant case, on re-evaluation of the evidence on record, I find that the discrepancies and the contradiction appearing in the evidence of the prosecution are not normal but material discrepancies which have the effect of eroding the credibility of the prosecution case”, the Presiding Officer said, adding “moreover, there is conflicting evidence about the age of the victim”.
“There is no corroborating evidence on record which would support the testimony of victim of the offence. In the ordinary circumstances, the statement of the victim of offence herself could be taken as sufficient evidence as to commission of offences under Sections 363/376/343 RPC. But in this case, it is not safe to rely on the circumstances as to the commission of abduction/kidnapping from the lawful guardianship or commission of rape or confinement for three days or more, by the accused, without there being sufficient details thereof”,
“Moreso, other circumstances projected by the victim of the offence are not free from doubt and suspicion. However, in the medical evidence, nothing has been found which would suggest that victim of offence was subjected to sexual intercourse by the accused”, the court said, adding “no biological evidence has been found and moreover marks of violence on her private parts have not been found”.
“Therefore, over all analysis of the evidence of prosecutrix, I/O as well as the doctor witness, with regard tocommission of offences u/s 363/376/343 RPC by the accused there are major contradictions in their statements which creates doubt with regard to commission of offences by the accused”, the court said, adding “on 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 offences”.
“Thus, prosecution case fails and accused namely Pardeep Kumar, son of Bansi Lal of Bilawar is accordingly acquitted of the charge levelled against him”, the court said.
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