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| Prosecution failure leads to acquittal of four including two cops in rape case | | | Early Times Report
Jammu, June 5: Principal Sessions Poonch Jaffer Hussain Beigh today acquitted four accused including two police cops as circumstances and facts proved that a false case has been lodged against the accused by the complainant party which is not based on the fact.
Court today acquitted Farooq Ahmed (Constable), Ali Mohd his wife Naseem Begum and Ghulam Rasool (SPO) who were facing trial in a rape case.
After hearing both the sides, Principal Sessions Judge Poonch Jaffer Hussain Beigh observed 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 their land dispute, when on the basis of the enmity delayed FIR without any plausible explanation against the accused persons including the uncle and aunt of the prosecutrix has been lodged for commission of the offence which was not proved, so there seem the ill intention of the prosecutrix and her father, her mother and sister-in-law to implicate the accused persons in some false case to get rid of the accused person, court observed. And with these observations Court acquits the accused from the charges leveled against them.
According to the police case that he case arises out of the report lodged by the prosecutrix on 29/8/2008 Police Station against constable Farooq Ahmed, Ali Mohd, Naseem Akther and SPO Ghulam Rasool with averments therein that on 23/08/2008 at about 4 PM when she was all alone at her house situated at Gagrian the accused Naseem Akther came to her house and enquired about the presence of any other person in that house.
The prosecutrix when conveyed her that there is no person at her house the accused No.3 left her house. After about 15/20 minutes the accused came to the house of the prosecutrix. The accused Farooq Ahmed entered into the house whereas the two other accused closed the door and were standing outside. The Farooq Ahmed committed rape upon her. She was going to lodge the report at police post Sawjian but on the way the accused Ghulam Rasool met her and sent her back after threatening her to death. She went to her house due to threat however she reported matter to Police Post Sawjian. On this police registered a case and after completion of investigation presented challan in the Court.
--(JNF) |
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