Court Cites Delay in FIR, Lack of Medical Corroboration, Contradictions in Testimony; Bail Bonds Discharged
Jammu, July 13: A Fast Track Court in Jammu has acquitted three accused in a rape case registered at Police Station Bahu Fort after holding that the prosecution failed to establish the charges beyond reasonable doubt.
The judgment was delivered by Presiding Officer Amarjeet Singh Langeh in connection with FIR No. 119/2022. The accused—Firdous Ahmed, Anwar Sheikh and Parveen Akhtar—were facing trial under Sections 376, 109 and 506-II of the Indian Penal Code (IPC). While Anwar Sheikh was charged with the offence of rape, the other two accused were tried on allegations of criminal intimidation and related offences.
In its detailed judgment, the court observed that the prosecution’s case was marred by significant inconsistencies and shortcomings, making it unsafe to record a conviction. It pointed to an unexplained delay in the registration of the FIR, absence of corroborative medical evidence, and material contradictions in the testimony of the prosecutrix.
The court further held that the testimony of the prosecutrix did not inspire confidence and could not be relied upon as the sole basis for conviction in the absence of credible supporting evidence.
Referring to the Supreme Court’s ruling in Rai Sandeep v. State (NCT of Delhi), the Fast Track Court observed that the prosecutrix’s testimony did not meet the standard of “sterling quality” required for sustaining a conviction without independent corroboration.
The judgment also recorded that the investigating officers informed the court that the prosecutrix had not cooperated during the investigation in identifying certain material witnesses, which further weakened the prosecution’s case.
Reiterating the settled legal principle that “suspicion, however strong, cannot take the place of proof,” the court concluded that the prosecution had failed to prove the allegations beyond reasonable doubt.
Accordingly, the Fast Track Court dismissed the challan and acquitted all three accused of the charges framed against them. The court also ordered that their bail and surety bonds be discharged in accordance with law. (KNC)
