Excelsior Correspondent
JAMMU, June 2: Presiding Officer Fast Track Court Jammu Khalil Choudhary has acquitted one Sarabjeet Singh, son of Ranjeet Singh of Simbal Morh Jammu of the charges of kidnapping and rape as the prosecution failed to prove the case.
According to the prosecution case, on February 13, 2018 a complaint was lodged with Gandhi Nagar Police about the kidnapping of a girl student of 10th class from Shastri Nagar area.
Accordingly, a case was registered and during the course of investigation prosecutrix was recovered from Jakhani area of Udhampur and accused was arrested.
After considering the evidence on record, oral as well as documentary evidence, the Presiding Officer of Fast Track Court observed, “on cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence”.
“The evidence of witnesses is not corroborative leaving doubt in the prosecution case. I am unhesitant to record that prosecution evidence cannot be said to definite, positive consistent and coherent so far as the case against the accused is concerned”, the court said, adding “a clear room for doubt is left out in the prosecution evidence”.
“It is not part of the duty of the accused to show as to why a false allegation has been leveled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt”, the court said, adding “further it is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof. Suspicion however, grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion”.
“Thus prosecution case fails and accused is accordingly acquitted of the charges leveled against him. Accused Sarabjeet Singh, who is in custody, is ordered to be released forthwith”, the court said in the judgment.
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