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| Court frames rape charges against two accused left out by I/O | | | Early Times Report
Jammu, Mar 17: Principal Sessions Judge Poonch Jaffer Hussain Beigh today framed rape charges against two accused along with main accused, for committing rape also who provided room in their house but were left out by the investigating agency.
When the hearing of the case was taken up, Court at the stage of framing of the charge has to consider the materials/evidences placed before it by the Investigating Officer (I/O) of Police and judgment which is to be applied finally before finding the accused guilty or otherwise is not exactly to be applied at the stage of framing of the charge. At this stage, even a very strong suspicion founded upon materials before the court, which leads the court to form a presumptive opinion as to existence of the factual ingredient constituting the offence alleged, may justify the framing of charge in respect of the commission of the offence established from the material collected by the Investigating Officer and thus offences u/ss 376, 342, 109 RPC are prima facie made out against both these accused persons and charges are accordingly need to be framed against them for the said offences.
Court further observed that the offences committed by the two other accused persons who have on bail not been admitted to bail for offence u/s 376 RPC. As such they be sent to District Jail Poonch till next date of hearing.
As per police case on 9/5/2014, the prosecutrix, a student, after reaching at Surankote from Poonch at about 5 pmalong with her servant was waiting for vehicle for her home Galhutta Mendhar but in the meanwhile the Taraz Ahmed, the driver of TATA Sumo came and offered lift to both but when the vehicle reached at Jaranwaligali, the accused stopped the vehicle and wasted about half an hour for toilet etc. and then told her that the vehicle is out of order. It was dark and taking advantage, the accused forcibly took her and her servant to the house of accused Mohd Rafiq and Zaitoon Begum (the uncle and aunt of the accused) situated in between Phamarnar and Naka Manjhari road. The accused provided some intoxicated substance to her servant and then Taraz Ahmed namely Mohd Taraz threatened her (prosecutrix) with a knife. The accused Mohd Rafiq and Zaitoon Begum put the prosecutrix and the Mohd Taraz in a separate room and bolted the door knowing the fact that the Mohd Taraz is not married to the prosecutrix and the Mohd Taraz committed rape upon her throughout night. A case u/Ss 376/342 RPC was registered against the Mohd Taraz while offences u/Ss 342, 109 RPC were made out against the accused Mohd Rafiq and Zaitoon Begum. |
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