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Rape accused acquitted following prosecution failure | | | Early Times Report
JAMMU, May 9: Principal Sessions Judge Poonch Jaffer Hussain Beigh today acquitted one Mohd Akram who was facing trial in rape case since 2009, following prosecution's utter failure. 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. Court said as the prosecutrix was having illicit relationship with the accused, the husband, the brother, father and other relatives of the prosecutrix were inimical towards the accused in view of enmity and delayed lodging the FIR by two days. "During the medical examination doctor has certified that no intercourse has been committed with the prosecutrix on the day of the alleged occurrence, so there seem the ill intention of the husband of the prosecutrix and her brothers to implicate the accused in some false case, court observed. And it is clear that the statement against the accused is totally false and the said statement of the prosecutrix is discredited accordingly. With these observations Court acquitted the accused. According to the police case a report was lodged by prosecutrix on June 24, 2009 at the Police Station Poonch that the accused tried to outrage her modesty. She also has alleged that accused even prior to the day of occurrence and during the night intervening between 21/22nd of June 2009 when she went out to urinate, the accused Mohd Akram along with another person dragged her to some distance where the accused committed rape upon her and then the accused fled away. On this FIR No.88 of the year 2009 for commission of offence u/s 376 RPC stood registered in Police Station Poonch. |
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