J&K : 6 acquitted in rape case, notice issued to prosecutrix for perjury

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Principal Sessions Judge Bhaderwah MK Sharma acquitted six accused in kidnapping and rape case and issued show cause notice to prosecutrix to explain as to why she may not be proceeded against for making false statement.

According to the police case, on 17.08.2011, the prosecutrix was alleged kidnapped and raped by six persons in Kahal Jugassar forest area under the jurisdiction of Gandoh Police Station.

Accordingly, a case under Sections 376/363/109 RPC was registered and investigation commenced.

After hearing both the sides, the court observed, “in view of the statements of the material witnesses, the proceedings were truncated and  evidence of the prosecution was closed”, adding “the prosecutrix has not said even a word that she was kidnapped or raped by the accused”.

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“She has not said anything regarding conception or termination of her pregnancy by the accused.

Father of the victim has also not said anything connecting accused with the commission of crime.

Other witnesses of the prosecution are not witnesses of occurrence and their statements are hearsay”, the court observed while acquitting the accused.