Lack of concrete evidence leads to acquittal of alleged rape accused

Excelsior Correspondent
JAMMU, Aug 17: Presiding Officer, Fast Track Court Jammu (Special Judge for cases against women) Khalil Choudhary has acquitted a young man namely Usman Ali, son of Nazak Ali of Nanak Nagar accused of raping a woman on the pretext of marrying her in 2013.
On cumulative consideration of the matter in its totality and having regard to the statements of witnesses, the court observed, “there is no concrete evidence on record connecting the accused with the commission of offence”.
“The evidence of witnesses is not corroborative leaving doubt in the prosecution case. 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”, the Presiding Officer said, adding “a clear room for doubt is left out in the prosecution evidence. 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 leveled 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”.
“Further it is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof. Suspicion however, grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion”, the court said, adding “thus, prosecution case fails and accused is accordingly acquitted of the charges leveled against him. Accused is relieved from bail and surety bond executed”.