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| HC acquits rape accused | | | EARLY TIMES REPORT
Jammu, Aug 17: The High Court today set aside conviction under Section 376 RPC. A single bench of the court comprising Justice Hakim Imtiyaz Hussain set-aside the conviction awarded by the Trial Court on September 19, 2003. The trial court had awarded seven years rigorous imprisonment and fine Rs 10,000 to one Naseeb Singh.
According to the police on July 16, 1998 it was stated by the father of the prosecutrix that Naseeb Singh had committed rape on his minor daughter. On this report police station Nowshera registered a case u/s 376 RPC and started investigation. After completion of investigation police presented challan in the competent court and trial court awarded 7 years RI and 10000 fine and in default of fine the appellant shall undergo two years further RI. The accused challenged the same in the present appeal. High Court suspends the sentence and granted bail to accused.
Justice Hakim Imtiyaz Hussain while allowing the appeal after hearing KS Chib appearing for the appellant and AAG AH Qazi appearing for the state observed that there are other defects in the prosecution case including delay of lodging FIR by two days and contradiction in the prosecution witnesses. All these circumstances create a doubt and High Court found benefit of doubt must go to the appellant and does not find it safe to base the conviction of appellant on the solitary statement of the girl and when the doctor has very categorically stated that there is no sign of injuries on the body of the prosecutrix. With these observations Court allowed the appeal and set-aside the conviction and sentenced awarded by the Trial Court. JNF |
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