| DGP ordered to take action against IO, perjury against prosecutrix | | Akhnoor sex scam accused acquitted | | Early Times Report
Jammu, Dec 3 : In the Akhnoor sex scandal, fast track court presiding officer Kishore Kumar today acquitted all the accused as prosecutrix turned hostile.
After hearing counsels for the accused, the court said it was very unfortunate that the victim had resiled from her earlier statement made before the judicial magistrate, Akhnoor. "She has also leveled serious allegations against ASI Kuldeep Singh, who was IO in the case, and then SHO which warrants judicial as well as administrative action against the erring police officers connected with the investigation of the case," the judge said.
"It has been noticed that rape cases are being investigated by the ASI against the mandate of law like the present one. The courts can come to the rescue of the aggrieved persons only when the victim intends to seek their assistance by speaking truth. This practice needs to be curtailed .The purpose of section 164A of CrPC seems to be defeated when the victim turns hostile. The act of the witness and the prosecutrix definitely warrants action under section 479-B of CrPC. The office is directed to issue notice to the prosecutrix, directing her to show cause as to why proceedings under section 479-B of CrPC be not initiated against her," he added.
The court ordered that a copy of this judgment be sent to the DGP for information and appropriate action against the erring police officers under an intimation to this court within three months.
"It is imperative to mention here that nowadays, there is a public anger and hue and cry is being raised that the courts are not convicting rape accused. However, no person accused of rape can be convicted if the witnesses, specially the victim and the material witnesses, do not support the prosecution case or give the quality evidence as in the present case where the prosecutrix herself turns resile from her earlier statement. It should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses. Courts are not to be swayed by emotions as there is no place of emotions and sentiments in the criminal judicial system. There should be no conviction or acquittal on the basis of sentiments," the court said. With these observations, the court acquitted Pawan Kumar alias Pappa, son of Balak Ram of ward No 10, Akhnoor, Amit Gupta, son of Chaman Lal of ward No 2, Akhnoor, Anil Magotra, son of Harminder Lal of Barui (at present Manda), Akhnoor, Hardeep Tagotra alias Sahil, son of Krishan Lal of Gandarwan, Akhnoor, Harminder Singh alias Mintu, son of Babu Singh of Jadh, Jourian, and Rahul Gupta, son of Inder Parkash of ward No 6, Jia Pota Mohalla, Akhoor. (JNF) |
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