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| Court acquits man in rape, murder case | | Issues notice to victim's father, sister for committing perjury | | Early Times Report
Jammu, June 06: Principal sessions judge, Kathua, Sanjay Kumar Dhar today ordered the acquittal of a man who was facing trial in a rape and murder case while observing that the dead woman's father and sister had committed perjury and they deserved to be dealt with in accordance with law.
"Let a notice be issued to the dead woman's father Thakur Dass and sister Santosh Kumari, directing them to show cause as to why they should not be punished in accordance with provisions contained in section 479-B of CrPC," the court ordered.
On January 1, 2013, Head Constable Brain Singh gave a telephonic information to then Basohli police station incharge that Thakur Dass, son of Tej Ram had passed on oral information to police post, Mahanpur, that his daughter Vaishno Devi, wife of Charan Dass of Khaniyari, Billawar, who lived with him, had been killed by one Pawan Dev Singh with a gun shot. She was alleged to be having illicit relations with Pawan Dev's father Raj Singh. Accordingly, an FIR under sections 302/460 of RPC and 3/25 of Arms Act was registered at the Basohli police station.
During investigation, police found that Raj Singh was a frequent visitor to the woman in her house. She had strained relations with her husband and had been living in her parental home for the last three years. Raj Singh seduced her sexually. Her parents asked him not to take an undue advantage of their poverty. Pawan Dev knew about it and asked his father to mend his ways. On December 31, 2012, Raj Singh entered their house, took her inside the room against her will and seduced her sexually, threatening other members of her family. Pawan Dev too reached there after some time and when he found his father's Alto car parked outside the woman's residence, he returned home but came back soon with .12 bore gun of his father. He allegedly barged into the house and fired a shot that hit the woman, resulting in her instant death.
The judge observed that the prosecution had clearly failed to bring home guilt of the accused. There was absolutely no evidence on record to convict the accused and charges against him were not established, he said.
Acquitting the accused, the judge said it was a matter of great concern that moral fabric of our society had degenerated to such an extent that even the parents and siblings of a victim of a heinous crime like murder were unable to muster moral courage to speak the truth about the occurrence. "While we, as members of civil society, lose no opportunity in criticising the criminal justice system of our country whenever a criminal goes scot free after committing a crime but we rarely realize that it is the duty of every citizen to help the investigating agency as well as the criminal courts to bring culprits to book. In the instant case, the fact that kith and kin of the victim have resiled from their statements recorded during investigation of the case, shows that our society is heading towards moral and ethical bankruptcy. We, as a society, will have to rise to the occasion and discharge our duties as citizens rather than focusing only on our rights," he added.
"Prosecution witness Thakur Dass and Santosh Kumari have committed offences of perjury and they deserve to be dealt with in accordance with law. Let a notice be issued to both of them, directing them to show cause as to why they should not be punished in accordance with provisions contained in section 479-B of CrPC.
Reply to the show cause notice should be submitted by them by or before July 15,2016, the judge ordered. |
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