Jammu MARCH-04-2023:- Addl. District & Sessions Judge Rajouri, Mr. Mehmood Chowdhary acquitted the accused persons in a 10 years old case of rape in Rajouri District .The Judge while acquitting the accused persons held that only the prosecutrix stated against the accused persons and other witnesses not supported the versions of prosecutrix and acquitted the accused persons.
The case of the prosecution is that on 15.4.2013 complainant namely XXX (name withheld) daughter of Altaf Hussain R/O Topa, alongwith her father has filed the application in the police station and submitted in the application that on 4.6.2013 at about 12.30.PM when she was coming from school, reached near the house of Yasmeen Akhter, then Yasmeen Akhter accused No.2 taken her in side her house and offered a cup of tea and then she asked to go into the room. When she entered into the room Mohd Shahbaz accused No.1 was sitting in that room,on seeing her he caught hold her from breast, she made hue and cry, Mst. Yasmeen Akhter not paid any heed on her cry and went out side of house and put lock to the gate. After about one hour she remained with Mohd Shahbaz, then accused broken string of her Salwar and committed rape with her without her consent, forcibly. She had made every efforts to rescue her self but not succeeded as accused Mohd Shahbaz has done this act with connivance of Yasmeem Akhter. Yasmeen Akhter open the lock of gate. The accused taken her from the spot and left her near her house. She hardly reached in her house. The complainant not disclosed it to any one due to fear and her image in the society. She has disclosed to her maternal grandmother (Nani), she given a written application for taken action against the accused . She also verbally disclosed that due to fear she has not disclosed to any person, however her maternal grandmother disclosed to Mohd Shabir through telephonically who has said that we will resolved the dispute by way of compromise. Because if this news will spread in the village they will be defamed, due to this reason she has not filed the application within in time.
On receiving this application in the police station, the FIR registered in offences U/s 376/109 RPC . On the basis of investigation, the statement of the prosecutrix U/S 164-A Cr.P.C. and material collected and after detail investigation the offences U/Ss 376 /109 RPC has been made out against the accused persons.
The statement of the prosecutrix stands full of contradictions with the medical evidence and other witnesses not supported the versions of the prosecutrix. The testimonies of the doctors is also not supported the statement of the prosecutrix. The FSL report is also not obtained and non-examination of the investigating officer also fatal for the prosecution.
In the back drop of these contradictions, the testimonies of the witnesses interse and between witnesses and the prosecution case. There are serious lapse and defect in the prosecution case coupled with major contradictions in the statement of the witnesses, which hit the very fabric root of the prosecution case.
Accordingly the accused person are acquitted from the charge.