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Shoddy probe leads to acquittal of accused in dowry case
11/13/2015 11:38:01 PM
Early Times Report

JAMMU, Nov 13: Principal sessions judge, Udhampur, R S Jain has acquitted Mohammad Razak, his mother Saleema Begum, father Mohammad Salim and sister Musleen Akhtar, who were facing trial in an abetment to suicide case, due to the failure of prosecution.
According to the police case, an application was filed by Ghulam Rasool of Kawha on August 21, 2011 with Chenani police station, stating therein that his daughter Ishrat Akhtar was married to Mohammad Razak about one and a half year back. “For some period, relation between them was good, and at the time of marriage, he also gave dowry to his daughter as per his capacity. Two months ago, Ishrat came to his house and informed me and my wife Gulzar Begum that her husband, mother-in-law Saleema, father-in-law Mohammad Salim and sister-in-law Musleen beat up and abused her, demanding more dowry in the shape of washing machine, car and some other items. They told her that if she fails to bring these items, they would force her to kill herself. Yesterday, ie on August 20, 2011, Ishrat telephoned me and informed that the accused were fighting with her and repeatedly demanding washing machine and car. Thereafter, I telephoned Mohammad Salim and informed him to counsel his family and also informed his younger brother Raj Mohammad that I and my wife are ill and will go tomorrow and make them understand but the same night, the accused made my daughter to kill herself by consuming poison,” he told police.
On receipt of this application, FIR No 84/2011 for offences under sections 498-A and 306 of RPC was registered at police station, Chenani.
The judge, after hearing the two sides, observed that it was a settled principle of law that prosecution was under an obligation of proving the guilt of the accused beyond reasonable doubt by cogent and clear evidence. In the present case, the prosecution has been unable to prove the guilt of accused beyond reasonable doubts by cogent and clear evidence. Applying these principles, this court is of the opinion that the evidence falls short of the required standard of proof. Hence, accused Razak, Saleema, Musleen and Mohammad Saleem are acquitted, the court ordered.
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