Excelsior Correspondent
JAMMU, Feb 4: Principal Sessions Judge Samba Kartar Singh has acquitted Janak Raj alias Sonu, son of Sham Lal of Kotli Mord, Tehsil Bishnah of the rape charge as the prosecution story found to be riddled with probabilities and unnaturalness.
According to the police case, in the year 2007, the accused kidnapped the prosecutrix, who was student of 10th Class and kept her in illegal confinement. During the course of investigation, the prosecutrix was recovered from Dogra Chowk from the custody of the accused.
She was medically examined in Government Medical College and Hospital Jammu and finally the offence under Sections 376/342 RPC was proved against the accused. After completion of investigation charge-sheet was presented in the court of law.
After hearing Advocate Ganesh Sharma appearing for the accused whereas Public Prosecutor Th Sukhdev Singh Samyal for the State, Principal Sessions Judge observed, “there is yet another material circumstance in this case which cannot be ignored while appreciating the evidence of the prosecutrix. There are 51 amorous love letters on the file written in English and Hindi which are admittedly in the hand writing of the prosecutrix as admitted by her. In these love letters she has expressed her extreme love for the accused. However, she has deposed that these love letters were written by her under the threat of the accused”.
“She has further admitted that she wrote all those letters at home and threw them before the accused. This was also brought by her to the notice of her parents but it is strange that it was not disclosed either by the prosecutrix or by her mother to the Police. There are two photographs of the prosecutrix and the accused which are on the file and in these photographs both of them have been shown to hold the hand of each other”, the Court observed.
“Had this case been of forcible kidnapping, such photographs would have never taken nor would the prosecutrix have permitted the accused to do so. This is also a circumstance which makes the prosecution story doubtful and proves that it is a case of elopement of the prosecutrix with the accused”, the Court said, adding “the prosecution story is riddled with probabilities and unnaturalness. It is a clear case of elopement of prosecutrix with the accused and it cannot be said that she had been kidnapped by the accused who had sexual intercourse with her against her will”, the Court further observed and acquitted the accused of the charges framed against him.
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