14-Jun-2024  Srinagar booked.net

KashmirJudiciary

‘No Sign Of Rape’: Court Acquits Man In POSCO Case

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Budgam: Principal District judge Budgam has acquitted a man for alleged sexual assault of a minor girl in Nowgam area of summer capital Srinagar.
 
The accused was represented by Advocate Ahra Syed, who vehemently argued against the accusations and charges levelled by the prosecution.
 
Police on 12/07, 2021 said, one person from Shalina area approached Nowgam police station with a written complaint that his 9-year-old daughter was sexually assult and rape by  one Adil Husssain Ganai of Shalina Budgam. 
 
On the basis of complaint while taking cognizance of the matter police arrested the accused person immediately. A case under FIR No. 71 under section 342, 376 AB IPC, 07 POSCO ACT was registered in this regards at police station Nowgam and further investigation was taken up, police said”  
 
After examining the case, Principal Sessions Judge, Budgam Khalil Ahmad Choudhary in a 30 page judgment said that Penal Code, 1860—S.376- Rape- Evidence- Medical evidence inconsistent with evidence of prosecutrix as the Prosecutrix aged 8 years at the time of alleged occurrence. 
 
According to evidence of the doctor who examined the prosecutrix immediately after the occurrence, made a clear remark that there was no sign of rape. Thus evidence of prosecutrix bellied by medical evidence. Held accused-appellant entitled to acquittal.”
 
“When the court examines the prosecution evidence, it clearly comes out that prosecution has miserably failed to establish foundational facts that may give rise to presumption of guilt of the accused who is accused of the commission of offences under sections 342, 376 AB IPC and 07 POCSO Act. 
 
Therefore, over all analysis of the evidence of the victim of offence, and other witnesses, there are major contradictions in their statements which creates doubt with regard to commission of offences. Having regard to the statements of witnesses in its totality would suggest that there is no concrete evidence on record connecting the accused with the commission of offence mentioned in the chargesheet, court said.
 
“A clear room for doubt is left out in the prosecution evidence. Here it is pertinent to note that it is not the duty of the accused to show as to why a false allegation has been levelled 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.”
 
“Further, it is a 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 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”, court said, adding that the superintendent Central Jail, Srinagar is directed to release the accused forthwith provided he is not lodged in any other FIR. 
 

(KDC)