Excelsior Correspondent
KATHUA, Oct 17: Principal Sessions Judge Kathua, M K Hanjura has acquitted Sudesh Kumar and Bholi Devi facing trial in case of kidnapping and rape and issued notice to the prosecutrix to show cause as to why she shall not be punished for giving false evidence.
According to the case, prosecutrix was kidnapped and subsequently raped on April 9, 2011. Later, case under Sections 363/376/109 RPC was registered and after completion of investigation challan was presented in the Court.
After hearing Public Prosecutor Ravi Kumar Gupta for the State whereas Advocate B B Bhagotra for the accused persons, Principal Sessions Judge observed, “during the course of arguments all the witnesses examined by the prosecution including the prosecutrix have been dubbed as hostile by the prosecution and therefore, the proceedings in the case are required to be truncated”.
Upon this, Public Prosecutor submitted that case be taken to its logical end and all other witnesses cited as such, calendar of witnesses be examined.
“It is true that there has been complete volt face by the prosecutrix and the other witnesses examined by the prosecution in the instant case. They have made a u-turn. They deny any such occurrence having taken place at all. The prosecutrix stated in her statement dated December 27, 2011 that the accused are not known to her”, the Court observed.
“The statement of the prosecutrix, which has been recorded under Section 164-A CrPC invites comment and action. In her statement made before this Court, she has changed colors like a chameleon. She has pleaded the occurrence of the events and subsequently, done a u-turn by stating that occurrence took place in a different mode and manner. This runs contrary to the statement recorded u/s 164-A CrPC”, the Court said, adding “there is reason to believe that this witness has committed perjury”.
Accordingly, the Court issued notice to her to show cause as to why she shall not be punished for giving false evidence.
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