Excelsior Correspondent
JAMMU, Jan 28: Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted Aziz Ahmed, Fatima, Shakeela Begum and Ikhtair Ahmed, who were facing trial in kidnapping and rape case as prosecution failed to prove the case.
The case against the alleged accused persons was registered in Police Station Poonch on the basis of a complaint lodged by one Sadder Din regarding kidnapping of his wife.
During the course of investigation, it came to the fore that there was no issue of the complainant from his first wife Shakeela due to which he contracted second marriage with the prosecutrix. But even after the lapse of more than 8 years no issue was born to the prosecutrix.
Shakeela did not tolerate the second marriage of her husband and hatched a conspiracy with her aunt Fatima Bi, Aziz Ahmed and Ikhtair Ahmed as a result of which on March 20, 2003 all these accused persons kidnapped the prosecutrix. The accused Ikhtair Ahmed and Aziz Ahmed continuously committed rape upon her as a result of which a baby was born to the prosecutrix.
After completion of the investigation, offences under Sections 366 and 376 RPC were established against the accused Ikhtair Ahmed and Aziz Din whereas offences under Sections 366 and 109 RPC were established against the accused Fatima Bi and Shakeela Begum.
After hearing arguments of both the sides, Principal Sessions Judge Poonch, Jaffer Hussain Beigh observed, “if the statement of the prosecutrix is taken as it is, the prosecutrix willingly consented to having sexual intercourse with the accused with whom she accompanied to Jammu, Ludhiana, Srinagar and Kalaban Mendhar not because she was compelled but because she desired it”.
“It is not disputed that the prosecutrix was major at the relevant time and she was not kidnapped but accompanied the accused at her own and on these facts a view is reasonably possible that the prosecutrix had sex with the accused with her consent and hence there was also no offence under Section 376 RPC committed upon the prosecutrix because sex with a woman above 16 years of age with her consent is not rape”, the court said.
With these observations, court acquitted the accused.
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