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Prosecution failure leads to acquittal in rape case | | | Early Times Report
JAMMU, Apr 3 (JNF): Principal Sessions Judge Poonch Jaffer Hussain Beigh acquitted the accused namely Arab Hussain Shah from the charges leveled against him as the prosecution has failed to prove charges against the accused. Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the enmity can also be the motive of the crime as well as of false implication of the accused in the case. "In view of the enmity between the parties for lodging the report by the present accused regarding the commission of rape upon his wife by the husband of the prosecutrix regarding which trial is pending and the husband of the prosecutrix was sent to jail, court observed. Court further observed that here seems the ill intention of the prosecutrix and her husband to implicate the accused in some false case in order to pressurize them not to follow the case already lodged against the husband of the prosecutrix. From these facts it is clear that the statement of prosecution witness is totally false in the instant case against the accused and with these observations the court acquitted the accused from the charges levled against him. As per police case, a report was lodged by the complainant Mst. Tabassum Akther on 17/8/2012 in the above mentioned Police Station with the averments therein that on 16/8/2012 at about 5.30 pm when she was coming from Surankote Bazar along with household articles and the accused Arab Hussain Shah was dragged her towards bushes at the knife point when she reached Jogimorh Jungle on the way and committed rape upon her. The accused threatened her to death. On this FIR No.170/2012 for offence under sections 376, 341 RPC stood registered. After completion of the investigation challan was presented. |
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