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| HC orders fresh trial after acquittal of rape accused in Ganderbal | | Asks DGP to move proposal for creation of 200 posts of Investigating SIs | |
Early Times Report
Srinagar, Dec 29: The state high court has order fresh trial after a rape accused was acquitted following the death of the victim at Lal Ded Hospital here on 14 November 2012.
Disposing of a petition, a single bench of the court comprising Justice Hasnain Massodi, the court directed the Director General of Police (DGP) to move a proposal for creation of the posts of Investigating Sub Inspectors with bachelor's degree in Science (Biology and Chemistry) and 3-years Degree in Law as eligibility qualification.
According to the victim's mother, she lodged a report with Police Station Ganderbal on 11 September 2012, alleging that the accused visited her house in her absence in April 2012 and committed rape on her minor daughter, leaving her pregnant.
She said that the victim was confined to her home because of broken limb and the accused on promise of getting relief sanctioned in her favour, gained access to her and was able to accomplish his design.
She said that the victim did not disclose occurrence to her or anyone else in the family, and they she came to know only after the victim complained ailment, was taken to local hospital for medical check-up and pregnancy detected.
Subsequently, the police registered a case (FIR no.169/2012) and during the course of investigation, victim's statement was recorded under Section 164-A CrPC before Chief Judicial Magistrate, Ganderbal. The police concluded the investigation as proved and accordingly filed the charge sheet which culminated into the trial before the Sessions court who later acquitted the accused.
The victim's family challenged it before the high court on the ground that it was not open to trial court to discard statement of the victim recorded under Section 164-A CrPC on 13 September 2012 by CJM Ganderbal.
"The matter is remanded to trial court for a fresh trial. The trial judge shall summon Parvaiz Hussain Kachroo (the then CJM, Ganderbal), as a witness and record his statement in accordance with law," the court said after hearing the victim families plea.
The trial judge, the court said, shall thereafter put all incriminatory material come across in prosecution evidence to the accused, enabling him to offer explanation in his defence. The court also cancelled the bail bonds of respondent.
"Let (accused) immediately surrender before the trial court and in any case on or before the matter is directed to come up before Trial Court." It also directed the trail court to conclude the case before March 15.
Meanwhile the court directed the Director General of Police (DGP) to move a proposal for creation of the 200 posts of Investigating Sub Inspectors with bachelor's degree in Science (Biology and Chemistry) and 3-years Degree in Law as eligibility qualification.
"Let proposal in this regard be moved within two weeks by him (DGP). Once the proposal is moved (to the government), let it be considered without allowing it to fall a prey to procedural wrangles and approved within two weeks thereafter," the court said.
On creation of the posts, the court directed that the recruitment process be initiated and completed within four weeks.
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