Prosecution failure leads to acquittal of accused in abduction of woman

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Aug 12: Principal Sessions Judge Kathua, M K Hanjura today acquitted Mohd Younis, Ashfaq Ahmed, Babu Din, Taj Ahmed, Raju Begum and Shanoo Begum of the charges of abduction of married woman.
According to the police case, on August 7, 2005 the accused Mohd Younis, Ashfaq Ahmed and Taj Ahmed waylaid a married woman namely Noor Jahan near their house situated at Nathi tehsil Billawar. They forcibly abducted her with the intention of compelling her marriage with the accused Taj Ahmed. They wrongfully confined her in their house for a day. After completion of investigation into the case, police presented challan in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “looking at the instant case from the perspective of the instances of the law laid down in judicial precedents, the complainant and the prosecution witnesses confined the occurrence to their chest for a long time.  They did not reveal the occurrence to the police authorities during this period”.
“After rising from a deep slumber  they implicated the accused for the commission of crime by  stating that they abducted a woman.  Therefore, these statements cannot be given any weight, under the  circumstances of the instant case,  where they have named the accused to be the culprits after a long silence.   The place where the complainant lay at the time  of her alleged recovery  has not been identified during the course of the investigation of the case”, the court said, adding “it has a bearing on the prosecution case. There is disparity in the statements of the witnesses on the date of the occurrence also”.
“Zakir Hussain has stated that the occurrence took place on July 8, 2005 while as the other witnesses have stated that the occurrence dates back to August 7, 2005. The charge framed against the accused states that the occurrence took place on August 2, 2005. These circumstances also make the prosecution case suspicious”, the court said and acquitted all the accused of the charges leveled against them.

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