Court Declines to Frame Charge Under Section 352 BNS; Accused Pleads Not Guilty, Trial to Proceed on November 30
JAMMU, OCTOBER 23: The Fast Track Court in Jammu has framed charges against a man accused of allegedly raping and sexually harassing his daughter-in-law, observing that the material placed on record by the prosecution disclosed a prima facie case warranting trial.
Presiding Officer Amarjeet Singh Langeh passed the order after examining the material submitted by the prosecution and considering the arguments advanced by both sides.
The case originated at Police Station Kanachack, Jammu, following allegations by the complainant that the accused had repeatedly misbehaved with her, threatened her against disclosing his alleged conduct and forcibly entered her bedroom during the night of the incident.
During the proceedings, the prosecution relied upon the complainant’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), along with two video clips allegedly recorded in connection with the incident.
The defence opposed the framing of charges, claiming that the accused had been falsely implicated due to a property dispute. It also pointed to alleged inconsistencies between the initial complaint and the complainant’s subsequent statement, while questioning the admissibility and evidentiary value of the video recordings.
After considering the rival submissions, the court declined to accept these objections as grounds for discharging the accused at this preliminary stage. It observed that the complainant’s statement and the video clips viewed during the hearing prima facie supported the allegations and indicated the accused’s presence in the complainant’s private space.
The court further clarified that the absence of a certificate under Section 65B(4) of the Indian Evidence Act along with the charge sheet was not, by itself, fatal to the prosecution case, observing that the requisite certificate could be produced subsequently during the trial.
However, the court declined to frame a charge under Section 352 of the Bharatiya Nyaya Sanhita (BNS), observing that the material on record did not indicate that the alleged act was likely to provoke a breach of public peace.
Accordingly, charges were framed under Sections 64, 75, 333 and 351(2) of the BNS. The accused pleaded not guilty and claimed trial.
The prosecution has been directed to present its evidence, with the matter scheduled for November 30, 2026, for prosecution evidence.
The allegations against the accused remain to be established during the trial.(KNC)
