Prosecution failure leads to acquittal of accused in attempt to rape case

Excelsior Correspondent
SRINAGAR, July 28: Judicial Magistrate 1st Class (Sub-Judge) Uri, Rajesh Kumar Abrol has acquitted the alleged accused in the attempt to rape case as the prosecution miserably failed to connect the accused with the commission of offence.
According to the police case, in the month of June 2011, an attempt was made by the accused to outrage the modesty of a woman in a village under the jurisdiction of Police Post Kamalkote when she was milking cows in the cattle shed of her house.
Accordingly, a case under Section 354 RPC was registered against the accused and after completion of investigation challan was presented in the court of law.
After hearing counsel for the accused and Prosecuting Officer, Judicial Magistrate 1st Class (Sub-Judge) Uri, Rajesh Kumar Abrol observed, “there is serious contradiction in the evidence of the witnesses. All the witnesses are the interested ones and no independent witness or the neighbours have been arrayed as witnesses in the case”.
“There is also serious contradiction and lacuna in the evidence which make the story of the police challan false and frivolous as a result of which the police challan is liable to the discarded”, the court said.
Stating that prosecution has miserably failed to connect the accused with the commission of offences, the court acquitted the accused of the charges leveled against him by the police