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| Court acquits brother-in-law, family in rape-dowry case; slams 'One-Sided, Perfunctory' probe | | | Early Times Report
JAMMU, Aug 25: In a significant judgment, the Fast Track Court, Jammu, has acquitted three members of a family, including a man accused of raping his sister-in-law, after holding that the prosecution evidence was riddled with inconsistencies and that the investigation was "one-sided" and "perfunctory".
Presiding Officer Amarjeet Singh Langeh, while deciding Challan Case No. 5005/2017 arising out of FIR No. 27/2017 of Police Station R.S. Pura, held that the prosecution had failed to prove the charges beyond reasonable doubt. The case involved offences under Sections 376, 109 and 498-A of the Ranbir Penal Code (RPC). The judgment was pronounced on August 24, 2026.
The accused included Vinod Kumar, his parents Ramesh Chander and Pushpa Devi, and his brother Raj Kumar, who was the husband of the prosecutrix. Proceedings against Ramesh Chander had already abated following his death.
According to the prosecution, the woman alleged that her matrimonial family demanded a car in dowry and subjected her to harassment. She further alleged that her brother-in-law Vinod Kumar sexually assaulted her on three occasions during 2016. The FIR was subsequently registered after she approached the Magistrate under Section 156(3) CrPC.
The court, however, found serious inconsistencies in the timeline and testimony placed before it. It noted that the application under Section 156(3) CrPC was filed after a delay of about five months and 20 days from the alleged first incident and also examined the sequence of matrimonial litigation between the prosecutrix and her husband.
The court placed considerable weight on the fact that the prosecutrix admitted during cross-examination that she had been served summons on February 6, 2017, in a petition filed by her husband under Section 9 of the Hindu Marriage Act, while her Section 156(3) application was filed the very next day, on February 7, 2017. The court observed that her assertion that she wanted only a divorce from her husband further weakened the prosecution case.
The judgment also came down heavily on the manner in which the investigation was conducted. The court noted that one Investigating Officer had neither examined the pending matrimonial litigation nor associated neighbours during investigation and had also failed to collect the prosecutrix's mobile numbers or Call Detail Records. It further recorded that no independent material had been collected to corroborate the rape allegation apart from her statement under Section 164-A CrPC.
Holding that the investigation was "one sided, perfunctory", the court said an investigating agency is required to uncover the truth through a fair, impartial and thorough probe rather than mechanically support the complainant. It observed that the investigating agency failed to appreciate that matrimonial disharmony had been magnified and given the colour of a criminal case.
The court also noted that the investigation into the allegation of forced abortion in Tripura yielded no supporting evidence, resulting in the offence under Section 313 RPC being dropped. Medical evidence relating to the rape allegation was also found to be of limited probative value owing to the considerable delay.
Concluding that the evidence was intrinsically unreliable and insufficient to sustain conviction, the court dismissed the challan and acquitted Vinod Kumar, Pushpa Devi and Raj Kumar of the charges, while noting that proceedings against Ramesh Chander had already abated following his death. The acquitted accused were also discharged from their bail and surety bonds.
APP Ajay Dogra appeared for the State, while Advocate G.S. Charak represented the accused. (JNF) |
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