Challan dismissed, accused discharged
Excelsior Correspondent
JAMMU, Apr 7: Court of Presiding Officer, Fast Track Court, Jammu-Amarjeet Singh Langeh has discharged accused in case titled State through SHO Police Station R.S Pura, Jammu vs. Balkar Singh for offences under sections 452/323/376 IPC in which allegations against accused were that on 10.05.2024, while complainant was sleeping at her home along with her nephew, accused barged into her house at 2300 hours through the boundary wall, over-powered her, tore her clothes and attempted to commit rape on her. When she raised alarm, neighbours came out and accused fled. During investigation, in her statement under Section 164 of Cr.P.C complainant improved her statement and stated that accused raped her. Finally challan was presented in court for offences including rape.
While discharging the accused, court held, “that for a case of attempt to rape to escalate into “actual rape” ipso facto few days after alleged occurrence is per se in-credulous rendering entire prosecution story as nothing but a “tale of fabrication”.
While expressing surprise as to why neighbours who allegedly came out from their houses in response to alleged cry raised by complainant not made witnesses-court noted, “If such” actually was the case, it then was incumbent upon the investigating officer to cite and name such neighbours as witnesses who could have given an independent account of version qua occurrence. Appallingly however, investigating officer failed to do so”.
Criticizing the approach of investigating officer in giving exceptional importance to statement of complainant recorded under Section 164 of Cr.P.C, court maintained that investigating officer in the case bestowed a mis-placed reliance on statement of prosecutrix under section 164 of Cr.P.C alone by carelessly ignoring case projected in original complaint.
“This only underlines cavalier and unprofessional manner in which investigating officer has abdicated to un-ravel truth in the case “adding “material on the basis of which prosecution of accused for offences alleged is sought- only reduces the credibility of prosecution case to smoke and mirrors. Entire substratum of prosecution case therefore collapses, for, it is over shadowed by un-exceptionable lack of prima facie credibility”, the court said Challan was accordingly dismissed and accused discharged.
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