Rape Accused Set Free For Lack Of Evidence

SRINAGAR: A fast track court, Jammu (special judge, cases against women) on Tuesday acquitted a young man accused of raping a woman on pretext of marrying her in 2013.

The presiding officer of the court, Khalil Choudhary, acquitted the accused—Usman Ali, underlining that statement of witnesses suggests that there is no concrete evidence on record connecting the accused with the commission of offence.

The case against the accused was filed on 25 October 2013 following a complaint by the mother of the girl, who was a student of 11th class at that time. The complainant had alleged that her daughter was continuously raped by the accused on the hoax of marrying her and the complaint was lodged with police after the accused refused to marry the girl.

“The evidence of witnesses is not corroborative leaving doubt in the prosecution case,” the court said, adding, “I am unhesitant to record that prosecution evidence cannot be said to definite, positive, consistent and coherent so far as the case against the accused is concerned.”

The court observed that a clear room for doubt has been left out in the prosecution evidence.

“Here it is pertinent to note that it is not part of the duty of the accused to show as to why a false allegation has been leveled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt,” the court said as per copy of the verdict with GNS, adding, “Further it is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof.”

Suspicion however, grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion, the court underlined.

“Thus, prosecution case fails and accused is accordingly acquitted of the charges leveled against him,” the court said, adding, “Accused is relieved from bail and surety bond executed.”

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