SRINAGAR: A court in Kishtwar has acquitted a man accused in an alleged abduction and rape case, observing that the prosecution failed to prove the charges beyond reasonable doubt and that the investigation suffered from significant shortcomings.
The judgment was delivered by the Court of Principal Sessions Judge, Kishtwar, Sudhir Kumar Khajuria, in connection with an FIR registered at Police Station Chatroo under Sections 376, 366, 498 and 343 of the IPC in 2021.
According to the prosecution, a married woman was allegedly abducted in June 2021 while she was travelling to her parental home. The accused, reportedly known to her through her husband, was alleged to have offered her water laced with an intoxicating substance, after which she lost consciousness and was repeatedly sexually assaulted in a forest area over several days.
The woman’s husband had lodged a missing report after she failed to reach her destination. She was later recovered from Batote, following which the accused was arrested and charges were framed by the trial court.
During the trial, the prosecution primarily relied on the statements of the prosecutrix, her husband and her father. The prosecutrix stated that she had boarded the accused’s vehicle as he was known to the family and later regained consciousness in a forest area, where she was allegedly subjected to repeated sexual assault.
However, after examining the evidence, the court noted several inconsistencies and investigative lapses that weakened the prosecution’s case.
The court observed that although the woman was allegedly recovered from Batote Police Station, no proper record was produced regarding the circumstances of her recovery or the involvement of police personnel. It further noted that the alleged place of occurrence was neither identified nor inspected during the investigation.
The court also highlighted that several material witnesses, including police officials involved in the recovery and the investigating officers, were either not examined or not produced during trial. Individuals who allegedly informed the complainant about the woman’s disappearance were also not examined.
Significantly, the court found that the vehicle allegedly used in the offence was neither identified nor traced. It also noted that the prosecution failed to clarify the role of the alleged driver whom the prosecutrix claimed was present during the incident.
Reaffirming that criminal charges must be proved beyond reasonable doubt, the court held that the evidence lacked corroboration and reliability. It observed that a conviction cannot rest solely on allegations where key witnesses remain unexamined and the investigation remains incomplete.
Finding the prosecution case doubtful, the court extended the benefit of doubt to the accused and acquitted him of all charges. It also directed the discharge of bail bonds and release of seized property, if any, in accordance with law after the expiry of the appeal period.
The prosecution was represented by Public Prosecutor Anshuman Dubey, while Advocate Anjali Gulati appeared for the accused. (KNC)
