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| Court acquits man in kidnapping-rape case, flags faulty investigation | | | Early Times Report
Jammu, Sept 29: The Fast Track Court, Jammu, has acquitted Amit Sharma in a case involving allegations of kidnapping, wrongful confinement and rape, holding that the prosecution failed to establish the charges through cogent, trustworthy and reliable evidence.
Presiding Officer Amarjeet Singh Langeh delivered the judgment in Challan Case No. 114/2024 arising out of FIR No. 09/2011 of Police Station Bus Stand, Jammu, registered for offences under Sections 366, 376 and 343 RPC.
According to the prosecution, the woman had come to Jammu from Rajouri and was allegedly abducted from the Bus Stand before being taken to Punjab. The prosecution alleged that she was kept there for several months and repeatedly subjected to sexual assault. She was subsequently stated to have been recovered from Katra in June 2011.
The Court, however, found significant inconsistencies in the prosecution narrative. It noted that the bus conductor examined during trial stated that the man and woman had disembarked at Sunderbani, whereas the prosecution case alleged that the victim was taken to Ludhiana in Punjab. The Court found this sequence incompatible with the core prosecution story and observed that no satisfactory explanation had been offered for the contradiction.
The Court also took note of the prosecution’s failure to examine several material witnesses, including the person who had allegedly lodged the missing report, the complainant on whose application the FIR was registered, and the prosecutrix’s maternal uncle who was allegedly informed about the kidnapping.
Significantly, despite there being nine Investigating Officers associated with the case, the prosecution did not examine any of them. The Court held that their non-examination was seriously damaging to the prosecution case, particularly as several unexplained gaps remained regarding the alleged journey to Punjab and other aspects of the investigation.
The Court further flagged discrepancies in police records concerning dates relating to the complaint and missing report and observed that the investigation had been conducted in a casual, negligent and unprofessional manner. It directed that a copy of the judgment be sent to the Inspector General of Police, Jammu, for necessary action in light of its observations.
Holding that the prosecution had failed to prove its case, the Court dismissed the challan and discharged the accused from his bail and surety bonds.
Ajay Dogra, APP, appeared for the State, while Senior Advocate D.K. Khajuria along with Advocate Vikush Anand represented the accused. (JNF) |
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