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Rape accused acquitted as Prosecution fails 1/28/2015 10:54:25 PM Early Times Report Jammu, Jan 28: Principal Sessions Judge Poonch Jaffer Hussain Beigh acquitted Aziz Ahmed, Fatima Bi, Mst. Shakeela Begum and Ikhtair Ahmed who were facing trial in kidnapping and rape case in which prosecutrix has given birth to two children, as prosecution failed. According to the police case, a report lodged by the complainant Sadder Din. On 1.4.2003 the complainant again lodged a report with averments therein that the prosecutrix is his wife and after narrating the first report has further stated it that he came to know that Zahoor Din son of Mohd Hussain after enticing the prosecutrix has taken her to some unknown place. On this FIR No.34/2003 for offence u/s 366 RPC was registered in Police Station Poonch with which the police swung into action but during the course of investigation the prosecutrix was not traceable as a result of which closing report No.45 dated 24.11.2003 was filed whereafter through a secret source it was found that the prosecutrix after kidnapping has been kept hidden in Illaqa Mendhar with which the instigation of the case was again under taken and during the course of investigation on 16.12.2004 the prosecutrix was recovered from the house of the accused Ikhtair Ahmed situated at Kalaban. After completion of the investigation it was established that there was no issue of the complainant from his first wife Mst. Shakeela due to this reason the complainant contracted second marriage with the prosecutrix more than 8 years passed but no issue was born to the said prosecutrix. Shakeela Bi did not tolerate the second marriage of her husband, hatched a conspiracy with her aunt Mst. Fatima Bi, Aziz Ahmed along with Ikhtair Ahmed as a result of which on 20.3.2003 all these accused persons after kidnapping the prosecutrix, the accused Ikhtair Ahmed and Aziz Ahmed continuously committing rape upon her as a result of which a baby was born to the prosecutrix but the said baby died and whereafter the prosecutrix again conceived and is pregnant. After completion of the investigation offence u/Ss, 366 and 376 RPC were established against the accused Ikhtair Ahmed and Aziz Din whereas offence u/Ss 366, 109 RPC were established against the accused Fatima Bi and Shakeela Begum. Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that what appears to have happened in this case, and if the statement of the prosecutrix is taken as it is, the prosecutrix willingly consented to having sexual intercourse with the accused whom she accompanied to Jammu, Ludhiana, Srinagar and Kalaban Mendhar not because she was compelled but because she desired it. It is not disputed that the prosecutrix was a major at the relevant time and she was not kidnapped but accompanied the accused at her own and on these facts a view is reasonably possible that the prosecutrix had sex with the accused with her consent and hence there was also no offence u/s 376 RPC committed upon the prosecutrix because sex with a woman above 16 years of age with her consent is not rape. With these observations Court acquitted the accused   Share This News with Your Friends on Social Network     Comment on this Story

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