Excelsior Correspondent
JAMMU, Mar 29: Principal Sessions Judge Kathua, A K Koul today acquitted two accused in kidnapping and rape case as prosecution failed to prove its case.
According to police case, on July 9, 2013, the prosecutrix had gone to a Computer Center when she was intercepted by two boys namely Rahul Kumar, son of Ram Dass and Ankit Kumar, son of Som Raj, both the residents of Kathua. She was taken to secluded place where Rahul raped her.
In the meantime, a woman came on spot and both the accused ran away on their motorcycle. The woman took the prosecutrix to her home. Mukesh was a fellow trainee with the prosecutrix in the Computer Center. After completion of investigation challan was presented.
After hearing both the sides, Principal Sessions Judge Kathua observed, “all the evidence read conjointly does lead the court to believe that the prosecution story is tailored to suit the convenience of the prosecutrix. There does not appear to be any coherence, consistency and genuineness in the version of the prosecutrix”.
“She appears to have changed her version every now and then and in the process, she has shaken the basic structure of the prosecution story. The rape is an accusation easily to be made, hard to be proved and harder to be defended by the party concerned though never so innocent”, the court said, adding “the law is trite that the sole testimony of victim of a sexual assault is even sufficient to hold the accused guilty, but the uncorroborated testimony of the victim of a sexual assault must be of sterling worth, so that there is a clear nexus between the accused and the guilt”.
“Law cannot afford to convict an accused simply on the basis of sympathy towards the weaker sex, nor can the process of law be bullied by those, who have the tendency of making false accusations to wreck vengeance, even at the cost of their reputation”, the court further said, adding “women deserve highest pedestal in society but courts should not get swayed simply because a female is affront against the male and demonstrate over solicitous attitude towards the weaker sex, even though the version of alleged victim is seriously doubtful”.
With these observations, court acquitted both the accused.
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