Excelsior Correspondent
JAMMU, Apr 29: Principal Sessions Judge Bhaderwah MK Sharma has dismissed challans in two different rape cases and acquitted the accused. The court also issued notice to prosecutrix for perjury in both the cases.
While acquitting Chander Parkash, son of Daya Ram of Bhalessa, Principal Sessions Judge observed, “it is necessary to point out that both the material witnesses in this case have turned hostile and they did not support the prosecution for whom they were cited as witnesses”, adding “prosecutrix as well as her mother have admitted while deposing before this court that their statements were recorded in the court at Thathri. While deposing before this court during trial they resiled from their earlier statements and have made contradictory statements”.
“The adversarial system of justice delivery is based upon the evidence. If these things are not taken seriously and the guilty punished, the day is not far when the system as a whole will collapse”, the court said and issued show cause notice to the prosecutrix and her mother to explain as to why they may not be proceeded for making false statement.
In another case, court acquitted Mohd Farooq, son of Ghulam Rasool and Nasir Nabi, son of Nasir Ahmed, both the residents of Bhaderwah with the observations that the prosecutrix has not said even a word that she was raped by the accused.
In this case also, court issued show cause notice to the prosecutrix to explain as to why she may not be proceeded for making false statement.
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